Mayor and City Council
June 17, 2026

Franchise Agreement Term April 1, 2016- March 311 2026
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City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. collected, processed or disposed, and the percentage of total diversion achieved as measured in accordance with Section 5.1.2 for each month during the reporting period.
d) Solid Waste Data.
e)
f)
(1) The report shall show (a) the number of tons collected each month broken down by Residential, Commercial, and City Service Units and (b) the total Solid Waste tonnage delivered to Disposal Facilities.
(2) All tonnage data should be compared to the corresponding tonnage data from the prior year comparable period
Recyclable Materials Data.
(1) The report shall show (a) the number of tons collected each month broken down by Residential, Commercial, and City Service Units, (b) the tonnage delivered to Material Recovery Facilities (c) total tonnage by type of Recyclable Materials processed and marketed during each month and (d) total tonnage of Recyclable Materials' residual disposed at landfill, and (e) the revenue received from the sale of recyclables minus the cost for processing the Recyclable Materials and residual disposal. (2) All tonnage data should be compared to the corresponding tonnage data from the prior year comparable period.
(3) A narrative description of problems encountered and actions taken, including efforts to deter and prevent Scavenging. A report of recycling program promotional activities, including materials distributed by Contractor to its Service Recipients.

Organic Waste Data.
( 1) The report shall show {a) the number of tons collected each month broken down by Residential, Commercial, and City Service Units, (b) the tonnage delivered to Organic Waste Processing Facilities, ( c} total tonnage by type of Organic Waste processed and marketed during each month, and (d) total tonnage of Organic Wastes residual disposed at the disposal facility.

Franchise Agreement Term April 1, 2016- March 31, 2026
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City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. g)
h)
i)
(2) All tonnage data should be compared to the
corresponding tonnage data from the prior year comparable period.

Street Sweeping Data. The quarterly report shall show the total curb miles swept, gallons of water used, and tonnage of street sweeping fines collected and taken to a Disposal Facility or Organic Waste Processing Facility.

Bulky Waste Data. The number of Bulky Waste collections made, the tonnage delivered to the disposal facilities used for processing or disposal of Bulky Waste.

Construction and Demolition Materials Data.
(1) The total tonnage of C&D collections made, the type of C&D Materials collected, and the facilities used for processing or disposal of C&D Materials.
j) Local Purchase Preference Program Data. The dollar value, of purchases made from businesses that are located within the City. k) Service Complaints. A summary of the type, number and disposition of complaints received during the reporting period. A copy of the customer complaint log may, upon City request, be submitted with the report not later than fifteen days after the close of the reporting period.

I) Certification. Contractor will provide a certification statement, to the best of their knowledge the report is true and correct

24.2 Annual Report. By March 1st, beginning in 2017 and each year thereafter that collection services are provided pursuant to this Agreement, Contractor shall submit to City a written year-end Annual Report in a form approved by the City. The Annual Report shall include the following information for the year ending on the preceding December 31 5\

24.2.1 General Information. General information about Contractor, including a list of Contractor's officers and members of its board of directors.

24.2.2 Prior Year's Activities. A cumulative summary of the Quarterly Reports and information and statistics with respect to City's compliance with AB 341, AB 939, AB 1594, and AB 1826.

Franchise Agreement Term April 1, 2016-March 31, 2026
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City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc.

24.2.3 Account Service Data. A table summary of the total number Residential, Commercial, Roll-off and City Service Units. The summary shall also show the net change in Service Units both as compared to the number of Service Units as of the Service Commencement Date and as compared to the prior Agreement Year. City recognizes that the data used to determine Service Date Commencement information will be generated in conjunction with City data bases. Contractor will work with the City to provide this information in a timely basis in order to comply with this initial reporting requirement.

24.2.4 Vehicle and Container Replacement Data.
a) The number, type, fuel type used and date placed in service of new collection vehicles purchased to service in the City. b) The number, type, fuel type used and date returned to service of used collection vehicles refurbished to provide service within the City.
c) The number, type, fuel type used, date removed from service of collection vehicles permanently removed from providing service within the City.
d) The total number and type of new containers placed in service during the prior year of service.

24.2.5 Recommendations. Changes in integrated waste management, including projections and proposed implementation dates and costs, recommended by Contractor and recommended amendments to the City's Source Reduction and Recycling Element or this Agreement, based on developments in applicable law or technology. Contractor's recommendations with respect to compliance with AB 341, AB 939, AB 1594, and AB 1826 and shall state the specific requirement that the implementation of the recommendation is intended to satisfy.

24.3 Reporting Additional Matters. Contractor shall provide to the City Manager all correspondence, reports, pleadings, applications, notifications, notices of violation, communications or other material relating specifically to Contractor's performance of services pursuant to this Agreement, submitted by Contractor to, or received by Contractor from, the United States or California Environmental Protection Agency, CalRecycle, or its successor agency, the California Department of Toxic Substances Control, or its successor, the Fair Political Practices Commission, the cognizant Local Enforcement Agency, or its successor, the Securities and Exchange Commission or any other federal, state or county agency, including any federal or state court. Copies shall

Franchise Agreement Term April 1, 2016- March 31; 2026
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City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processingf and Disposal Services With Burrtec Waste Industries, Inc. be submitted to City within a reasonable time subsequent to Contractor's filing or submission of such matters with said agencies. Contractor's routine correspondence to said agencies need not be routinely submitted to City, but shall be made available to City upon written request.

24.4 Submission of Reports. Reports shall be submitted to:

Director of Public Works
City of San Bernardino
300 North "D" Street 5th Floor I
San Bernardino, CA 92418

24.5 Failure to Report. The refusal or failure of Contractor to file any required reports, or to provide required information to City, or the inclusion of any materially false or misleading statement or representation by Contractor in such report shall be deemed a material breach of the Agreement and shall subject Contractor to all remedies which are available to the City under the Agreement; provided, that the City must follow the dispute resolution provisions of Section 28 of this Agreement before declaring any material breach.

24.6 Costs. All reports and records required under this Agreement shall be furnished at the sole expense of Contractor

24.7 City's Right to Request Information. The City believes and Contractor agrees that cooperation between City and Contractor is critical to the success of this program.

City reserves the right to request, and Contractor agrees to provide, additional information reasonably and directly pertaining to this Agreement on an "as-needed" basis.

24.8 CERCLA Defense Records. City views the ability to defend against CERCLA and related litigation as a matter of great importance. For this reason, the City regards the ability to prove where its Solid Waste was taken, as well as where it was not taken, to be matters of concern. Contractor shall maintain data retention and preservation systems, which can establish where Solid Waste collected in the City was landfilled (and therefore establish where it was not landfilled) and a copy or summary of the landfill disposal reports required by Section 24 for twenty (20) years after the term during which collection services are to be provided pursuant to this Agreement and to notify City's Risk Manager and City Attorney before destroying such records. This provision shall survive the expiration of the period during which collection services are to be provided under this Agreement.

Franchise Agreement Term April 1, 2016- March 31, 2026
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City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc.

Section 25. Indemnification and Insurance

25.1 Indemnification re Certain Challenges to Agreement. Contractor, upon demand of the City, made by and through the City Attorney, shall indemnify, hold harmless, protect City and appear in and defend the City and its elected officials, officers, employees and agents, in any claims or actions by third parties, whether judicial, administrative or otherwise, including, but not limited to disputes and litigation over the definitions of "Solid Waste" or "Recyclable Materials", asserting rights under the dormant Commerce Clause or any other federal or state law, including, but not limited to the anti-trust laws with respect to the provision of Integrated Solid Waste Collection, Processing and Disposal Services in the City, and challenges to the certification or implementation, imposition, adjustment or collection of any rate, interest, penalty or other fee under the Agreement. This provision shall survive the expiration of the period during which collection services are to be provided under this Agreement. City and Contractor agree to confer following any trial to decide jointly whether to appeal or to oppose any appeal. In the event City and Contractor agree to appeal, or to oppose any appeal, City and Contractor agree to share equally the costs of appeals. Should either City or Contractor decide to appeal, or to oppose an appeal, and the other decide not to appeal, or to oppose an appeal, the party which decides to appeal, or to oppose an appeal, shall bear all fees and costs of the appeal or the opposition to the appeal.

25.1.1 Mutual Defense Regarding Certain Challenges to Agreement. In the event this Agreement, its approval, or its implementation, or the limits of City's authority with respect to the grant of the Franchise is challenged on the basis that it, or any of the payments made by Contractor to City, whether individually or collectively, is invalid or is otherwise contrary to the law as an impermissible general tax, special tax, assessment, or fee requiring compliance with any provision of Article XIII of the California Constitution, the various enabling and implementing statutes related to that Article, or any of the judicial decisions interpreting that Article and the enabling and implementing statutes, the Parties agree to conduct a joint and coordinated defense of such action making collective decisions regarding litigation strategy including decisions regarding motions, discovery, settlement, and trial. Each Parties agrees to bear its own costs of defense and shall have the right to choice their own independent legal counsel, provided that nothing herein prohibits the Parties from agreeing to retain one or more legal counsel to jointly represent and defend the Parties. In the event of an adverse legal determination or settlement of such action, the parties agree to cooperate and work in good faith to prepare such amendments or alternatives to the Agreement that will implement the original intent of the Parties while complying with any adverse legal determination or settlement.

Franchise Agreement Term April 1, 2016- March 31, 2026
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City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc.

25.2 Environmental Indemnification and Compliance. Contractor shall indemnify, defend, protect and hold harmless City, its elected officials, officers, employees, volunteers, agents, assigns and any successor or successors to City's interest from and against all claims, actual damages (including but not limited to special and consequential damages), natural resources damages, punitive damages, injuries, costs, response, remediation and removal costs, losses, demands, debts, liens, liabilities, causes of action, suits, legal or administrative proceedings, interest, fines, charges, penalties and expenses (including but not limited to attorneys' and expert witness fees and costs incurred in connection with defending against any of the foregoing or in enforcing this indemnity) of any kind whatsoever paid, incurred or suffered by, or asserted against, City or its elected officials, officers, employees, volunteers or agents arising from or attributable to any repair, cleanup or detoxification, or preparation and implementation of any removal, remedial, response,. closure or other plan (regardless of whether undertaken due to governmental action) concerning any Hazardous Waste (including Household Hazardous Waste and Universal Waste) in any Solid Waste, Recyclable Material or Organic Waste collected by Contractor pursuant to this Agreement, which is or has been transported, transferred, processed, stored, disposed of or which has otherwise come to be located by Contractor, or its activities pursuant to this Agreement result in a release of a Hazardous Waste (including Household Hazardous Waste and Universal Waste)into the environment.

25.3 General Indemnification. Except in those cases when this Agreement requires City to indemnity, defend and hold harmless Contractor and it officers, employees and agents, Contractor further agrees to indemnify, defend, protect and hold harmless City, its elected officials, officers, employees, volunteers, agents, assigns and any successor or successors to City's interest from and against all losses, liabilities, claims, actual damages (including but not limited to special and consequential damages), demands, debts, liens, causes of action, suits, legal or administrative proceedings, interest, fines, charges, penalties and expenses (including but not limited to attorneys' and expert witness fees and costs incurred in connection with defending against any of the foregoing or in enforcing this indemnity) of any kind whatsoever paid, incurred or suffered by, or asserted against, City or its elected officials, officers, employees, volunteers or agents arising from or attributable to any act or omission of Contractor or its officer, employees or agents in the performance or failure to perform the services required under this Agreement, and/or failure by Contractor to fully comply with all applicable laws and regulations with respect to the operation of its collection vehicles, including, but not limited to applicable rules governing clean-burning and alternative fuel vehicles.

25.4 Effect of Environmental Indemnification. This indemnity is intended to operate as an agreement pursuant to § 107(e) of the Comprehensive Environmental

Franchise Agreement Term April 1, 2016- March 31, 2026
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City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc.

Response, Compensation and Liability Act, "CERCLA," 42 U.S.C. § 9607(e), and California Health and Safety Code § 25364, to defend, protect, hold harmless and indemnify City -from all forms of liability under CERCLA, RCRA, other statutes or common law for any and all matters addressed in paragraph B. This provision shall survive the expiration of the period during which collection services are to be provided under this Agreement.

25.5 Prospective Application of Indemnities. The indemnities and obligations to protect, defend and hold harmless provided by Contractor to City under Sections 25.1,

25.2, 25.3, and 25.4 are prospective to the Effective Date of this Agreement. The indemnities and obligations to protect, defend and hold harmless City shall not be interpreted to apply to City's own acts and omissions in the provision of Comprehensive Solid Waste Service but solely to the acts and omissions of Contractor, its owners, directors, officers, agents and employees.

25.6 Compliance with Laws. Contractor warrants that it will comply with all applicable laws and implementing regulations, as they may be amended, specifically including, but not limited to RCRA, CERCLA, AB 341, AB 575, AB 939, AB 1594, AB 1826, SB 20, and SB 50, and all other applicable laws and regulations of the U.S.

Environmental Protection Agency, the State of California, the County of San Bernardino, the California Air Resources Board, CalRecycle, the California Department of Toxic Substances Control, ordinances of the City and the requirements of Local Enforcement Agencies and all other agencies with jurisdiction.

25.7 Workers' Compensation Insurance. Contractor shall obtain and maintain in full force and effect throughout the entire Term of this Agreement full workers' compensation insurance in accord with the provisions and requirements of the Labor Code of the State of California. Copies of policies and endorsements that implement the required coverage shall be filed and maintained with the City Clerk throughout the term of this Agreement.

Should any of the above described policies be cancelled before the expiration date thereof, notice will be delivered in accordance with the policy provisions. The policy shall also be amended to waive all rights of subrogation against the City, its elected or appointed officials, employees, or agents for losses that arise from work performed by the named insured for the City.

25.8 Liability and Vehicle Insurance. Contractor shall obtain and maintain in full force and effect throughout the entire Term of this Agreement a Broad Form Comprehensive General Liability (occurrence) policy (form CG 0001) and an Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, Code 1 (any auto) policy with minimum limits of Twenty Million Dollars ($20,000,000) aggregate and Five Million Dollars ($5,000,000) per occurrence, per year. Said insurance shall protect Contractor and City from any claims for damages for bodily

Franchise Agreement Term April 1, 2016- March 31, 2026
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City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. injury, including accidental death, as well as from any claims for property damage which may arise from this Agreement. Copies of the policies and endorsements evidencing the above required insurance coverage shall be filed with the City Clerk.

25.9 Required Language In Policies. The following language is required to be made a part of all of the insurance policies (except for Workers Compensation Insurance) required by this Section:
"The City of San Bernardino, its employees, agents, franchisees and officers, are hereby added as additional insured's as respects to liability arising out of activities performed by or on behalf of Contractor "This policy shall be considered primary insurance as respects any other valid and collectible insurance the City may possess including any self-insured retention the City may have and any other insurance the City does possess shall be considered excess insurance and shall not contribute with it." "This policy shall act for each insured, as though a separate policy had been written for each. This, however, will not act to increase the limit of liability of the insuring company."

25.1 0 Pollution and/or Environmental Impairment Liability Insurance. Contractor shall obtain and maintain in full force and effect for the entire Term of this Agreement, a Pollution and/or Environmental Impairment Liability policy covering liability arising from the release of Hazardous Waste, or other contaminants, pollutants or irritants with minimum limits of Six Million Dollars ($6,000,000} aggregate and Six Million Dollars ($6,000,000) per occurrence, per year. Contractor shall ensure that such coverage shall automatically broaden in its form of coverage to include legislated changes in the definition of Hazardous Waste. The policy shall stipulate that this insurance is primary and no other insurance carried by City will be called upon to contribute to a loss suffered by Contractor hereunder and shall waive subrogation against City and other additional insureds.

25.11 Required Rating. The insurance required by this Agreement shall be with insurers which are Best A: VII-rated and which are California-admitted. The limits of such insurance coverage, and companies, shall be subject to review and approval by the City's Risk Manager every year and may be increased at that time and match the coverage provided by the City's own liability insurance policy. The City shall be included as a named insured on each of the policies. The insurance required by this Agreement is in addition to and not in lieu or limitation of the indemnification provisions in Section 25.1,

25.2, 25.3 and 25.4 above.

25.12 Evidence of Insurance Coverage; Insurance Repository.

Contemporaneously with the execution of this Agreement, Contractor shall file copies of

Franchise Agreement Term April 1, 2016- March 31, 2026
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City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. the policies or executed endorsements evidencing the above required insurance coverage with the City Clerk. In addition, City shall have the right of inspection of all insurance policies required by this Agreement. Contractor also agrees to maintain copies of insurance policies required pursuant to this Agreement for seven (7 years) after the end of the term during which collection services were provided pursuant to this Agreement. Contractor shall notify City's Risk Manager and City Attorney before destroying copies of such policies. This provision shall survive the expiration of the period during which collection services are to be provided under this Agreement.

25.13 Self-Insurance. To the extent provided by law, all or any part of any required insurance may be provided under a plan of setf~insurance approved by the State of California.

25.14 Reduction of CERCLA and Other Liability. City and Contractor agree to meet annually in the fourth calendar quarter of each year to discuss ways to reduce potential CERCLA and other liabilities to third parties.

Section 26. Perlormance Bonds
Concurrent with the execution of this Agreement, Contractor shal! deposit with City a Performance Bond or an irrevocable letter of credit or other such document (Performance Bond), from an institution satisfactory to City, in a form satisfactory to City's Risk Manager and City Attorney, evidencing an irrevocable commitment to City guaranteeing Contractor's faithful performance of the terms of this Agreement. The amount of the Performance Bond shall be Four Millions Dollars ($4,000,000) during the first Agreement Year, and shall be Two Million Dollars ($2,000,000) each year thereafter for the term of this Agreement. Such Performance Bond shall be maintained in effect throughout the period during which collection services are to be provided pursuant to this Agreement.

26.1 Upon Contractor's failure to pay the City an amount owing under this Agreement, the Performance Bond may be assessed by the City, for purposes including, but not limited to:

26.1.1 Failure of Contractor to pay the City sums due under the terms of the Agreement;

26.1.2 Reimbursement of costs borne by the City to correct breaches not corrected by Contractor, after due notice;

26.1.3 Monetary remedies or damages assessed against Contractor due to breach of this Agreement; or

26.1.4 To satisfy an order of the referee

Franchise Agreement Term April 1t 2016- March 31, 2026
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City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc.

26.2 Contractor shall deposit a sum of money or a replacement instrument sufficient to restore the Performance Bond to the original amount within thirty days after notice from the City that any amount has been withdrawn from the Performance Bond.

26.3 AU of City's costs of collection and enforcement of the provisions relating to the Performance Bond called for by this Section, including City's attorneys' fees and costs, shall be paid by Contractor
Section 27. Emergency Service

27.1 Should Contractor, for any reason whatsoever, except the occurrence or existence of any of the events or conditions set forth in Section 33.1, "Force Majeure," below, refuse or be unable for a period of more than forty-eight (48) hours, to collect a material portion or all of the Solid Waste which it is obligated under this Agreement to collect, and as a result, Solid Waste should accumulate in City to such an extent, in such a manner, or for such a time that the City Manager, in the exercise of the City Manager's sole discretion, should find that such accumulation results in any imminent and substantial threat to the public health, safety or welfare, then City shall have the right to contract with another solid waste enterprise to collect and transport any or all Solid Waste which Contractor is obligated to collect and transport pursuant to this Agreement.

City shall provide twenty-four (24) hours prior written notice to Contractor during the period of such emergency, before contracting with another solid waste enterprise to collect and transport any or all Solid Waste which Contractor would otherwise collect and transport pursuant to this Agreement, for the duration of period during which Contractor is unable to provide such services. In such event Contractor shall identify sources from which such substitute Solid Waste services are immediately available, and shall reimburse City for all of its expenses for such substitute services during period in which Contractor is unable to provide collection and transportation services required by this Agreement. See also Section 33.1, below.

27.2 Contractor shall assist City in the event of terrorist attack or major disaster, such as an earthquake, storm, tsunami, riot or civil disturbance, by providing collection vehicles and drivers normally assigned to the City, at Contractor's actual costs. Disputes with respect to Contractor's emergency services or the costs of those services shall be resolved according to the dispute resolution provisions of Section 28 and Section 29 of this Agreement. Contractor shall cooperate with City, county, state and federal officials in filing information related to a regional, state or federally-declared state of emergency or disaster or terrorist attack as to which Contractor has provided equipment and drivers pursuant to this Agreement.

Franchise Agreement Term April 1, 2016- March 31, 2026
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City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc.

Section 28. Administrative Remedies; Imposition of Damages; Termination

28.1 Notice; Response; Resolution; Appeal.

28.1.1 Notice of Deficiencies; Response. If City's Representative determines that Contractor's performance pursuant to this Agreement may not be in conformity with the provisions of this Agreement, the California Integrated Waste Management Act (including, but not limited to, requirements for diversion, source reduction and recycling as to the waste stream subject to this Agreement} or any other applicable federal, state or local law or regulation, including but not limited to, the laws governing transfer, storage or disposal of solid and Hazardous Waste, the City Representative may advise Contractor in writing of such suspected deficiencies, specifying the deficiency in reasonable detail. The City Representative, in any written notification of deficiencies, shall set a reasonable time within which Contractor is to respond. Unless the circumstances necessitate correction and response within a shorter period of time, Contractor shall correct any deficiencies it agrees have occurred and in any event shall respond to the written notification of deficiencies within thirty days from the receipt by Contractor of such written notice. Contractor may request additional time to correct deficiencies. City shall approve reasonable requests for additional time.

28.1.2 Review by City Representative: Notice of Appeal. a) The City Representative shall review any written response from Contractor and decide the matter. If the City Representative's decision is adverse to Contractor, the City Representative may order remedial actions to cure any deficiencies, assess the Performance Bond or invoke any other remedy in accordance with this Agreement and, in the event the City Representative determines that there has been a material breach and that termination is the appropriate remedy, terminate the Agreement.

The City Representative shall promptly inform Contractor of the City Representative's decision. In the event the decision is adverse to Contractor, the City Representative shall inform Contractor, in writing, of the specific facts found and evidence relied on, and the legal basis in provisions of the Agreement or other laws for the City Representative's decision and any remedial action taken or ordered. An adverse decision by the City Representative shall be final and conclusive unless Contractor files a "Notice of Appeal" with the City Clerk (with copies to the

Franchise Agreement Term April 1, 2016- March 31, 2026
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City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries. Inc.

City Manager and City Attorney) within 30 days of receipt of the notification of the adverse decision by the City Representative. b) In any "Notice of Appeal" Contractor shall state its factual contentions and include all relevant affidavits, documents, photographs and videotapes which Contractor desires to have considered by City. In addition, Contractor shall include all of its legal contentions, citing provisions of the Agreement or other laws to support its contentions.

28.1.3 Review by City Manager; Appeal.
a) Within thirty days of receipt by the City Clerk of a Notice of Appeal, the City Manager shall decide the matter. If the City Manager's decision is adverse to Contractor, the City Manager may order remedial actions to cure any deficiencies, assess the Performance Bond or invoke any other remedy in accordance with this Agreement and, in the event the City Manager determines that there has been a material breach and that termination is the appropriate remedy, terminate the Agreement. In addition to the foregoing actions, the City Manager may refer the matter to the City Council for proceedings in accordance with Section 28.2 and Section 28.3, below. The City Manager shall promptly inform Contractor of the City Manager's decision. In the event the City Manager's decision is adverse to Contractor, the City Manager shall inform Contractor, in writing, of the specific facts found and evidence relied on, and the legal basis in provisions of the Agreement or other laws for the City Manager's decision and any remedial action taken or ordered.
b) An adverse decision by the City Manager shall be final and conclusive unless Contractor files a "Notice of Appeal to the City Council" with the City Clerk (and serves a copy, by mail, on the City Manager and the City Attorney) within 10 calendar days of receipt of the decision of the City Manager. A "Notice of Appeal to the City Council" shall state the factual basis, the evidence relied on and all legal contentions that Contractor may choose to submit.

No new evidence not previously submitted in accordance with Section 28.1.2b) may be submitted.

Franchise Agreement Term April 1, 2016- March 31, 2026
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City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc.

28.2 City Council Hearing. If a matter is referred by the City Manager to the City Council, or an adverse decision of the City Manager is appealed to the City Council by Contractor, the City Council will set the matter for an administrative hearing and act on the matter. The City Clerk shall give Contractor fourteen (14) days written notice of the time and place of the administrative hearing. At the hearing, the City Council shall consider the administrative record, consisting of the following:

28.2.1 A Staff Report by the City Manager, summarizing the proceedings to date and outlining the City Council's options;

28.2.2 The City Representative's written Notification of Deficiencies;

28.2.3 Contractor's response to the Notification of Deficiencies;

28.2.4 The City Representative's written notification to Contractor of adverse decision;

28.2.5 Contractor's Notice of Appeal to the City Manager;

28.2.6 The City Manager's written notification to Contractor of adverse decision; and

28.2. 7 Contractor's Notice of Appeal to the City Council.

No new legal issues may be raised, nor may new evidence be submitted by Contractor at this or at any further point in the proceedings, absent a showing of good cause.

Contractor's representatives and other interested persons shall have a reasonable opportunity to be heard.

28.3 City Council Determination. Based on the administrative record, the Council shall determine by resolution whether the decision or order of the City Manager should be upheld. If, based upon the administrative record, the City Council determines that Contractor is in breach of any term of this Agreement or any provision of any applicable federal, state or local statute or regulation, the City Council, in the exercise of its discretion, may order Contractor to take remedial actions to cure the breach or impose any other remedy in accordance with this Agreement. The City Council may not terminate the Agreement unless it determines that Contractor is in material breach of a material term of this Agreement or any material provision of any applicable federal, state or local statute or regulation. Contractor's performance under the Agreement is not excused during the period of time prior to a final determination as to whether or not Contractor's performance is in material breach of this Agreement, or the time set by City for Contractor to discontinue a portion or all of its services pursuant to this Agreement.

The decision or order of the City Council shall be final and conclusive unless Contractor files a "Notice of Appeal to Referee" with the City Clerk (and serves copies, by mail, on

Franchise Agreement Term April 1, 2016-March 31, 2026
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City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. the City Manager and the City Attorney) within 10 business days of receipt of the decision or order of the City Council. With the exception of draws on the Performance Bond, the execution of City's remedies shall be stayed until Contractor has exhausted its appeals under Section 28 and Section 29 of this Agreement.

28.4 Notice of Appeal to Referee. Except as otherwise provided in this Agreement, Contractor may appeal any decision, order or action by the City Council or City Manager under this Section 28, as provided in Section 29, below, by filing a Notice of Appeal to Referee with the City Clerk within ten business days of receipt of the decision by the City Manager or City Council and following the procedures set forth in Section 29, below. In the case of a rate adjustment request made pursuant to Section 21, but not approved by the City, Contractor's sole remedy shall be as specified in Section 21.

28.5 Reservation of Rights by City. City further reserves the right to terminate this Agreement in the event of any material breach of this Agreement, including, but not limited to any of the following:

28.5.1 If Contractor practices, or attempts to practice, any fraud or deceit upon the City, or practiced any fraud or deceit or made any intentional misrepresentations in the negotiations which preceded the execution of this Agreement provided that City has provided Contractor with written notice of the alleged fraud or deceit and afforded Contractor a reasonable opportunity to refute and defend itself against such charge or claim;

28.5.2 If Contractor is convicted of, or pleads guilty, no contest, or no/o contender to a felony related to this Agreement.

28.5.3 As used in this Section, the term "Contractor" shall mean only the following: (a) the owner(s) of Contractor (whether shareholders, partners, or otherwise), (b) the members of Contractor's Board of Directors; and (c) Contractor's President, Chief Executive Officer, Chief Financial Officer, Chief Operations Officer, and/or the Secretary.

28.6 Cumulative Rights. City's rights of termination are in addition to any other rights of City upon a failure of Contractor to perform its obligations under this Agreement.

Section 29. Referral to Referee; Hearing Procedures
Either party to this Agreement at any time after exhaustion of administrative remedies, and following the appeal procedure set forth in Section 28, if applicable, may refer a disputed matter for resolution under this Section 29 in the following manner.

29.1 Applicability. If either the City Manager or the City Council refers a matter to a referee, or Contractor appeals or refers a matter to a referee, the provisions of this

Franchise Agreement Term April 1, 2016- March 31, 2026
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City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc.

Section shall apply in order to obtain prompt and expeditious resolution of any and all disputes arising out of this Agreement

29.2 Reference of Dispute. Any dispute seeking damages and any dispute seeking equitable relief, such as but not limited to specific enforcement of any provision hereof, shall be heard and determined by a referee pursuant to California Code of Civil Procedure §§ 638-645.1. The venue of any proceeding hereunder shall be in San Bernardino County, California.

29.2.1 Procedure for Appointment. The party seeking to resolve the dispute shall file in court and serve on the other party a complaint describing the matters in dispute. Service of the complaint shall be as prescribed by law. Within not more than fifteen business days after the date of service, the parties shall apply to the Judicial Arbitration and Mediation Service ("JAMS") of San Bernardino County to nominate a minimum of five prospective referees. If the parties are unable to approve a referee from the JAMS panel within ten business days after written request to do so by any party, then the parties, starting with City, shall alternate in striking one prospective referee at a time until only one referee remains.

29.2.2 Ex Parle Communications Prohibited. Neither party may communicate separately with the referee after the referee has been selected. All subsequent communications between a party and a referee shall be delivered simultaneously to the other party. This provision shall not apply to communications made to schedule a hearing or request a continuance or to confidential mediation or settlement briefs that the parties have agreed to submit to the referee.

29.2.3 Cooperation. The parties shall cooperate diligently with one another and the referee and shall perform such acts as may be necessary to obtain a prompt and expeditious resolution of the dispute. If either party refuses to cooperate diligently, and the other party, after first giving notice of its intent to rely on the provisions of this Section 29, incurs additional expenses or attorneys' fees solely as a result of such failure to diligently cooperate, or incurs expenses or attorney's fees and costs as a result of the other party's violation of Code of Civil Procedure § 128.5, the referee may award such additional expenses and attorneys' fee to the party giving such notice, even if such party is not the prevailing party in the dispute.

29.2.4 Discovery. The referee shall set a discovery schedule and shall schedule the matter for hearing within 60 days of filing, unless City and Contractor agree otherwise, or unless the referee shall determine otherwise. Any party to the hearing may issue a request to compel reasonable document production from the

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City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. other party, subject to the limitations of Section 22, limiting evidence to the administrative record. Disputes concerning the scope of document production and enforcement of document requests shall be subject to agreement by the parties, or if agreement is not reached within twenty (20) days of a document request, then by disposition by order of the referee. Any document request shall be subject to the proprietary rights and rights of privilege of the parties, and the referee shall adopt procedures to protect such rights. Except as may be agreed by the parties, or ordered by the referee, no other form of discovery shall be available to the parties.

29.2.5 Standards for Decision. The provisions of California Code of Civil Procedure, §§ 640, 641, 642, 643, 644 and 645 shall be applicable to dispute resolution by a referee hereunder. In an effort to clarify and amplify the provisions of California Code of Civil Procedure, §§ 644 and 645, the parties agree that the referee shall decide issues of fact and law submitted by the parties for decision in the same manner as required for a trial by court as set forth in California Code of Civil Procedure, §§ 631.8 and 632, and California Rules of Court, Rule 232. The referee shall try and decide the dispute according to all of the substantive and procedural law of the state of California, unless the parties stipulate to the contrary.

29.2.6 Evidence and Findings. The referee shall consider the administrative record, including the Notice of Deficiencies, Contractor's response to the Notice of Deficiencies, the decision of the City Representative, the Notice of Appeal, the decision of the City Manager, the Notice of Appeal to the City Council, and the decision of the City Council, in addition to other relevant evidence. Before issuing findings, the Referee shall submit a proposed ruling, setting forth proposed findings of fact and conclusions of law, to counsel for the Parties, for comment.

When the referee has decided the dispute, the referee shall also cause the preparation of a judgment based on said decision.

29.2.7 Remedial Authority. A referee to whom a matter is referred shall have the authority to (i) order either party to undertake remedial action to cure the breach and to prevent occurrence of similar breaches in the future; (ii) assess damages and/or levy a penalty consistent with the terms of this Agreement or (iii) find there has been no breach.

29.2.8 Stay Pending Entry of Final Judgment. Except as provided in Section

26.3 with respect to draws on a Performance Bond, until final judgment is entered from the referee proceeding under the foregoing provisions and the time for appeal or other post-judgment petition has expired, the imposition or enforcement of any penalties or sanctions provided in this Agreement and related

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City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. to the subject matter of the hearing shall be stayed. The referee may modify or cancel any proposed penalties or sanctions upon a finding that the party subject thereto acted with substantial justification, or if the interests of justice so require.

29.2.9 Allocation of Referee's Costs. The referee's costs for the proceeding shall be apportioned by the referee. The costs of the proceeding shall be borne equally by the parties to the dispute initially, but the prevailing party in such proceeding shall be entitled to recover reasonable costs of the referee as apportioned by the referee. If either party refuses to pay its share of the costs of the proceeding, at the time(s) required, the other party may do so, in which event that party will be entitled to recover ( or offset) the amount advanced, with interest at the maximum rate permitted by law, even if that party is not the prevailing party. The referee shall include such costs in the judgment or award.

29.3 Decision. The decision of the referee may be excepted to in accordance with Code of Civil Procedure § 645.

Section 30. City's Additional Remedies
In addition to the remedies set forth above. City shall have the following rights:

30.1 Contracts with Others. The right to contract with others to perform the services otherwise to be performed by Contractor, in the event Contractor should be in material breach of its duties to provide those services, or is otherwise unable to provide the services addressed by this Agreement.

30.2 Damages and/or Injunctive Relief. Both parties recognize and agree that in the event of a breach under the terms of this Agreement by Contractor, City may suffer irreparable injury and incalculable damages sufficient to support injunctive relief to enforce the provisions of this Agreement and to enjoin the breach.

30.3 City's Damages for Failure to Achieve Diversion Requirements. Contractor agrees that its failure to achieve the diversion requirements set forth in Section 5, arising from failure to make reasonable efforts to maximize diversion in accordance with the terms and conditions of this Agreement, or its breach of the requirements of Section

5.1.1 related to waste diversion, shall be a material breach of this Agreement. If CalRecycle, or its successor agency, were to impose administrative civil penalties against City, then the City's damages for Contractor's material breach in its failure to achieve the diversion goals for the City as required by this Agreement, shall include, but not be limited to such administrative civil penalties, attorneys' costs and fees and City's staff time devoted to the resolution of the administrative civil penalties against City.

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30.4 Liquidated Damages. The parties further acknowledge that consistent and reliable collection service is of utmost importance to City and that City has considered and relied on Contractor's representations as to its quality of service commitment in awarding the Agreement to it. The parties further recognize that some quantified standards of performance are necessary and appropriate to ensure consistent and reliable service and performance. The parties further recognize that if Contractor fails to achieve the performance standards, or fails to submit required documents in a timely manner, City, and City's residents and businesses will suffer damages and that it is and will be impractical and extremely difficult to ascertain and determine the exact amount of damages. Therefore, in addition to City's right to treat such non-performance as a breach of this Agreement, the parties agree that the liquidated damages amount defined in this Section may represent reasonable estimates of the amount of such damages considering all of the circumstances existing on the effective date of this Agreement, including the relationship of the sums to the range of harm to City, customers and the community as a whole that reasonably could be anticipated and the anticipation that proof of actual damages would be costly or impractical. In placing their initials at the places provided, each party specifically confirms the accuracy of the statements made above and the fact that each party has had ample opportunity to consult with legal counsel and obtain an explanation of the liquidated damage provisions at the time that the Agreement was made.

30.5 Procedure for Review of Liquidated Damages. If the City elects not to terminate this Agreement for breach, the City Representative may assess liquidated damages pursuant to this Section on a monthly basis. At the end of each month during the term of this Agreement, the City Representative shall issue a written notice to Contractor ("Notice of Assessment") of the liquidated damages assessed and the basis for each assessment.

30.5.1 The assessment shall become final unless, within ten (10) calendar days of the date of the notice of assessment. Contractor provides a written request for a meeting with the City Manager to present evidence that the assessment should not be made.

30.5.2 The City Representative shall schedule a meeting between Contractor and the City Manager or the Manager's designee as soon as reasonably possible after timely receipt of Contractor's request.

30.5.3 The City Manager or the Manager's designee shall review Contractor's evidence and render a decision sustaining or reversing the liquidated damages as soon as reasonably possible after the meeting. Written notice of the decision shall be provided to Contractor.

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30.5.4 In the event Contractor does not submit a written request for a meeting within ten (10) calendar days of the date of the Notice of Assessment, the City Representative's determination shall be final and Contractor shall submit payment to City no later than that tenth (10th) day

30.5.5 City's assessment or collection of liquidated damages shall not prevent City from exercising any other right or remedy, including the right to terminate this Agreement, for Contractor's failure to perform the work and services in the manner set forth in this Agreement.

Contractor agrees to pay (as liquidated damages and not as penalty) the following amounts:
a. Failure or neglect to address each complaint by the $100 per incident per b.

C.
d.
e.
f.
g.
h.
i.
j.
k.
close of the next working day. Service Recipient.

Failure to address concerns regarding maintaining the
collection equipment in a clean, and sanitary manner.

Failure to have a vehicle operator properly licensed.

Failure to maintain office hours as required by this
Agreement.

Failure to maintain or timely submit to City all
documents and reports required under the provisions
of this Agreement.

Failure to display Contractor's name and customer
service phone number on collection vehicles.

Failure to collect a missed collection by close of the
next work day upon notice to Contractor.

Failure to repair or replace damaged Carts or Bins
within the time required by this Agreement.

Failure to deliver or exchange Carts or Bins within the time required by this Agreement.

Failure to meet vehicle noise requirements.

Failure to maintain collection hours as required by this Agreement without prior City approval.

$100 per incident per
day.
$100 per incident per
day.
$100 per incident per
day.
$100 per incident per
day.
$100 per incident per
day.
$100 per incident per
day.
$100 per incident per
day.
$100 per incident per
day.
$1 00 per incident per
day.
$250 per incident per
day.

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I.
m.
n.

0. p.

Failure to offer and provide adequate facility $250 per incident per processing capacity of Recyclable Materials and day.

Organic Waste.

Failure to have field personnel in company/contractor
uniform.

Failure to repair damage to customer property caused
by Contractor or its personnel.

Failure to repair damage to City property caused by
Contractor or its personnel.

Failure to clean up spillage or litter caused by
Contractor.
$250 per incident per
day.
$500 per incident per
location.
$500 per incident.
$500 per incident per
location.
q. Failure to properly cover materials in roll-off containers $500 per incident. during transport.
r.
r.
s.
t.

Changing residential collection days without proper
notification to the City Representative.

Commingling Solid Waste with Recyclable Materials,
with the exception of contaminated recyclables
$500 per incident per
day.
$500 per incident.

Disposal of Recyclable Materials or Organic Waste in $500 per load. the landfill without first obtaining the required
permission of the City.

Failure to deliver any collected materials to a non- $5,000 each failure. permitted Disposal Facility, Materials Recovery
Facility, or Organic Waste Processing Facility, as
appropriate, except as otherwise expressly provided in
this Agreement.
u. Commingling of materials collected inside and outside $1,000 per incident. the City of San Bernardino.
v. Failure to meet and maintain minimum annual $50 per ton for each Diversion Guarantee for two consecutive years. ton under the minimum requirements.
w. Failure to remove graffiti as specified in Section 6.10. $100 per Container per day.
x. Failure to sweep a street after notification by City that $500 per block or lot. street had not been swept in accordance with
established schedule or sweeping did not meet
generally accepted industry standards for sweeping.

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Section 31. Billing Audit and Performance Reviews

31.1 Selection and Cost. The City may conduct billing audit and performance reviews ("reviews") of the Contractor's performance during the term of this Agreement, but not more often than one every 3 calendar years. The reviews, if performed, will be by a qualified firm under contract to the City. The City shall have the final responsibility for the selection of the firm but shall seek and accept comments and recommendations from the Contractor. The Contractor shall be responsible for the cost of one ( 1) review up to a maximum of Seventy Thousand Dollars ($70,000.00), with the exception of reviews required in accordance with Section 31.3, the cost for additional Billing Audits and Performance Reviews will be the responsibility of the City.

31.1.1 Purpose. The review shall be designed to verify that customer billing rates have been properly calculated and they correspond to the level of service received by the customer, verify that Franchise Fees, and other fees required under this Agreement have been properly calculated and paid to the City, verify Contractor's compliance with the reporting requirements and performance standards of the Collection Service Agreement, and verify the diversion percentages reported by the Contractor. The City ( or its designated consultant) may utilize a variety of methods in the execution of the performance review and billing audit, including analysis of relevant documents, on-site and field observations, and interviews. The City (or its designated consultant) will review and document the items in the Agreement that require the Contractor to meet specific performance standards, submit information or reports, perform additional services, or document operating procedures, that can be objectively evaluated.

This information will be formatted in a "compliance checklist" with supporting documentation and findings tracked for each of the identified items. The review will specifically include a determination of the Contractor's compliance with the diversion requirements of Section 5 and Exhibit 7, and the public outreach and education requirements of Section 14 and Exhibit 6. The City (or its designated consultant) may review the customer service functions and structure utilized by the Contractor. This may include the Contractor's protocol for addressing customer complaints and service interruption procedures. Complaint logs may be reviewed, along with procedures and systems for tracking and addressing complaints. On-site and field observations by the City (or its designated consultant) may include, but are not necessarily limited to:
a) Interviews and discussions with Contractor's administration and management personnel;

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City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. b) Review and observation of Contractor's customer service functions and structure;
c) Review of public education and outreach materials;
d) Interviews and discussions with Contractor's financial and accounting personnel;
e) Interviews with route dispatchers, field supervisors and managers; f) Interviews with route drivers;
g) Interviews with vehicle maintenance staff and observation of maintenance practices; and
h) Review of on-route collection services, including observation of driver performance and collection productivity and visual inspection of residential routes before and after collection to evaluate cart placement and cleanliness of streets

31.2 Contractor's Cooperation. Contractor shall cooperate fully with the review and provide all requested data, including operational data, financial data and other data requested by the City within thirty (30) Work Days. Failure of the Contractor to cooperate or provide the requested documents in the required time shall be considered an event of default.

31.3 Additional Contractor Paid Billing Audit and Performance Review. In the event that the Billing Audit and Performance Review concludes that Contractor is not in compliance with all terms and conditions of this Agreement and such non-compliance is material, the City may conduct an Additional Billing Audit and Performance Review to ensure that Contractor has cured any such area of non-compliance. Contractor shall be responsible for the cost of any such Additional Billing Audit and Performance Review.

31.4 City Requested Program Review. The City reserves the right to require the Contractor to periodically conduct reviews of the SFD and MFD and Commercial collection programs to assess one or more of the following performance indicators:
average volume of recyclable materials per setout per customer, average volume of organics per setout per customer, participation level, contamination levels, etc. Prior to the program evaluation review, City and Contractor shall meet and discuss the purpose of the review and agree on the method, scope, and date to be provided by the Contractor.

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31.5 Cooperation with Other Program Reviews. If the City wants to collect program data, perform field work, conduct route audits to investigate customer participation levels and setout volumes and/or evaluate and monitor program results related to Solid Waste Recyclable Materials and Organic Waste collected in the City by the Contractor, the Contractor shall cooperate with the City or its agent(s). Contractor shall also cooperate with any waste generation studies conducted by the City or its agent(s).

Section 32. Franchise Transfer; City Consent; Fees

32.1 Contractor may not convey, assign, sublet, license, hypothecate, encumber of otherwise transfer or dispose of (collecttvely "Transfer"), this Agreement, the Franchise granted under it or any rights or duties under it, in whole or in part, whether voluntarily or involuntarily, without the City's prior written consent as expressed by written resolution of the City Council. Any dissolution, merger, consolidation, or other reorganization of Contractor, except as provided in Section 32.3, below, any sale or other transfer or change in ownership or control of any of the capital stock or other capital or equity interests, or any sale or transfer of fifty percent (50%) or more of the value of the assets shall be deemed a Transfer of this Agreement, the Franchise granted under it or any rights or duties under it. Any Transfer or attempted Transfer of this Agreement, the Franchise granted under it or any rights or duties under it made without the City's consent will be a material breach of this Agreement and, at the City's option, may be voided.

32.2 The City will not unreasonably withhold its consent to a Transfer of the Franchise granted by this Agreement. The prospective transferee shall have the burden of demonstrating that it has the financial and technical ability to provide the services required under this Agreement. The City may also require the prospective transferee to demonstrate that it, and its officers and managers do not have criminal records for environmental or public integrity offenses. If the City gives its consent, it may impose conditions, including, without limitation, requiring acceptance of amendments to this Agreement. Without obligating the City to give its consent, the proposed transferee must demonstrate to the City's satisfaction that it has the operational and financial ability to perform the terms of this Agreement.

32.3 Contractor's internal reorganization shall not constitute a Transfer provided that City consent to the reorganization is sought and received prior to any internal reorganization. An internal reorganization includes any change in control of any of the voting stock through its conveyance to an affiliate of Contractor, or by operation of law.

Any request for an internal reorganization must be submitted in writing to the City Manager, no less than one hundred and twenty days prior to the proposed effective date of the internal reorganization. Contractor shall reimburse City for all of its costs to review

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Any attempt to implement an internal reorganization without the consent of City shall constitute a material breach of this Agreement.

32.4 Fees. Any application for a Franchise Transfer shall be made in a manner prescribed by the City Manager. The application shall include a deposit of Five Hundred Thousand Dollars ($500,000) to cover the estimated cost of all direct and indirect expenses, including City staff, consultants' and attorneys' fees, incurred by City to adequately analyze the application and the qualifications of the prospective transferee.

Any costs incurred by the City in excess of $500,000 shall be reimbursed by the Contractor prior to submission of the proposed transfer to the City Council. In the event that the City's costs are less than $500,000, City shall retain any unused monies.

Section 33. General Provisions

33.1 Force Majeure. Contractor shall not be in breach of this Agreement in the event that the collection, transportation and/or disposal services of Contractor are interrupted temporarily or permanently for any of the following reasons: riots; war or national emergency declared by the President or Congress and affecting the City of San Bernardino; acts of terrorists, sabotage; civil disturbance; insurrection; explosion; natural disasters such as floods, earthquakes, landslides and fires; or other catastrophic events which are beyond the reasonable control of Contractor "Other catastrophic events" does not include the financial inability of Contractor to perform or failure of Contractor to obtain any necessary permits or licenses from other governmental agencies or the right to use the facilities of any public agency where such failure occurs despite the exercise of reasonable diligence by Contractor In the event a labor disturbance interrupts collection and transportation of Solid Waste and/or disposal of Solid Waste by Contractor as required under this Agreement, City may elect to exercise its rights under Section 28 and Section 30 of this Agreement. Failure by City to exercise its rights under this Section shall not be deemed a waiver of its rights under Section 28.5

33.2 Extraordinary Circumstances. Notwithstanding any other term or provision hereof, nothing in this Agreement is intended, nor shall it be interpreted, to prevent or preclude Contractor from contacting City's officials, officers and representatives to request an amendment to, or other modification of, this Agreement due to the occurrence of an event or circumstance that substantially increases Contractor's cost of service, or otherwise substantially and negatively impacts Contractor's provision of services, under this Agreement.

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33.3 Independent Status. Contractor is an independent entity and not an officer, agent, servant or employee of City. Contractor is solely responsible for the acts and omissions of its officers, agents, employees, contractors and subcontractors, if any.

Nothing in this Agreement shall be construed as creating a partnership or joint venture between City and Contractor nor an arrangement for the disposal of Hazardous Wastes.

Neither Contractor nor its officers, employees, agents or subcontractors shall obtain any rights to retirement or other benefits, which accrue, to City employees.

33.4 Pavement Damage. In the event where damage to City streets is caused by Contractor's equipment, Contractor shall be responsible for all repairs to return the street to the same condition prior to the street damage. Repairs shall be performed in a manner satisfactory to the City Representative and at no cost to the City. Disputes between Contractor and its Service Recipients as to damage to private pavement are civil matters and complaints of damage will be referred to Contractor as matters within its sole responsibility and as a matter within the scope of this Agreement.

33.5 Property Damage. Any physical damage caused by the negligent or willful acts or omissions of employees of Contractor to City or private property shall be repaired or replaced by Contractor, at Contractor's so!e expense. Except as provided in Section 25 above, this Agreement does not purport to relieve, diminish, reduce, create or increase in any way, Contractor's civil liability to any third parties.

33.6 Law to Govern; Venue. The law of the State of California shall govern this Agreement without regard to any otherwise governing principles of conflicts or choice of laws. In the event of litigation between the parties, venue in state trial courts shall lie exclusively in the County of San Bernardino. In the event of litigation in a U.S. District Court exclusive venue shall lie in the Central District of California.

33.7 Fees and Gratuities. Contractor shall not permit any officer, agent or employee to request, solicit, or demand, either directly or indirectly, any gratuity for the collection of Solid Waste, Recyclable Materials, or Organic Waste otherwise required to be collected under this Agreement.

33.8 Amendments. Except as otherwise provided in this Agreement, no other amendment of this Agreement shall be valid unless in writing duly executed by the parties, approved by the City Council by written resolution. Purported oral amendments shall be void and of no force or effect.

33.9 Notices. All notices required or permitted to be given under this Agreement shall be in writing and shall be personally delivered or sent by United States certified mail, postage prepaid, return receipt requested, and by email, addressed as follows:

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To City: City Manager
City of San Bernardino
300 N. "D" Street, 6th Floor
San Bernardino, CA 92418
Copy to: City Attorney
City of San Bernardino
300 N. "D" Street, 6th Floor
San Bernardino, CA 92418
And to: Director of Public Works
City of San Bernardino
300 N. "D" Street, 5th Floor
San Bernardino, CA 92418
To Contractor: Cole Burr, President
Burrtec Waste Industries, Inc.
9890 Cherry Ave
Fontana, CA 92335
or to such other address as either party may from time to time designate by notice to the other given in accordance with this Section. Notice shall be deemed effective on the date personally served or sent by email, or, if mailed, three (3) business days from the date such notice is deposited in the United States mail.

33.1 O Savings Clause and Entirety. If any non-material provision of this Agreement for any reason shall be held to be invalid or unenforceable, the invalidity or unenforceability of such provision shall not affect the validity and enforceability of any of the remaining provisions of this Agreement.

33.11 Construction. The language in all part of this Agreement shall be in all cases construed simply according to the fair meaning thereof and not strictly for or against any of the Parties hereto.

33.12 Pubic Records. All information received by City concerning this Agreement, including the Agreement itself, may be treated as public information subject to disclosure under the provisions of the California Public Records Act, Government Code Section 6250 et seq. (the "Public Records Act"). The Parties understand that although all materials received in connection with this Agreement are intended for the exclusive use of the Parties, they are potentially subject to disclosure under the provisions of the Public Records Act at the sole discretion of the City.

33.13 Transition to Next Solid Waste Enterprise. If in the final 12 months of the period during which Contractor is to provide collection services under this Agreement, Contractor and City have not entered into a succeeding agreement, Contractor shall

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City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. cooperate fu lly with City and all prospective subsequent Solid Waste enterprise(s), franchisee(s), licensee(s), permittee{s) or other Person seeking to provide services similar to the Services so as to assure an efficient, orderly, timely and effective transition. In that regard, Contractor agrees to make available to City and to prospective proposers in any competitive process used by the City to select a successor, route maps, customer lists, and all other records requested by City.

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

CITY OF SAN BERNARD INO
a Californi ~ ty and Municipal Corporation
Jarrod urguan
Interim City Manager
ATTEST:

Georgean
City Clerk
APPROVED AS TO FORM :

Gary D. Saenz, City Attorney

CONTRACTOR
Cole Burr
President

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Exhibit 1
Maximum Permitted Service Rates
April 1, 2016 - June 30, 2017
SFD/MFD/Commercial Cart Service Level/Frequency Monthly Services Rate
1 - 64 or 96 gallon Solid Waste Cart
Single or Multi-Family Dwelling 1 - 96 gallon Organic Waste Cart $22.84 1 - 96 gallon Recyclable Materials Cart
Mobile Home
1 - 64 or 96 gallon Solid Waste Cart
$15.24
1 -96 gallon Recyclable Materials Cart
Commercial Unit
1 - 64 or 96 gallon Solid Waste Cart
$22.84
1 - 96 gallon Recyclable Materials Cart
Each Additional Solid Waste Cart 64-96 gallon carts $12.96 Each Additional Extra Organic 96 gallon cart $11.35 Waste Cart (residential only) Additional Recyclable Materials 96 gallon cart $0.00 Cart (residential only) Solid Waste Collection Frequency/Monthly Rate Bin Services Bin Size 1/week 2/week 3/week 4/week 5/week 6/week Extra Pickup
1-2 CY $112.10 $205.31 $304.44 $401 .20 $495.60 $661.98 $25.28 3 CY $119.18 $225.56 $335.11 $440.14 $547.51 $840.16 $27.50 4CY $130.98 $247.80 $364.61 $480.26 $595.90 $1,036.04 $30.11 6 CY $189.98 $362.26 $535.71 $713.90 $876.74 $1 ,014.94 $35.68 Compactor Collection Frequency/Monthly Rate

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Exhibit 1
Maximum Permitted Service Rates
April 1, 2016- June 30, 2017
Services
Compactor 1/week 2/week 3/week 4/week 5/week 6/week Extra Size Pickup
2 CY $130.98 $245.43 $361.08 $476.71 $591.18 $786.35 $27.50 3-4 CY $154.58 $287.91 $423.61 $553.41 $692.65 $925.11 $30.11 Recycling Bin Collection Frequency/Monthly Rate Services Bin Size 1/week 2/week 3/week 4/week 5/week 6/week
2 - 6 CY Bin $41.50 $83.00 $124.50 $166.50 $208.00 $249.50 Green
Waste/Organics Bin Collection Frequency/Monthly Rate
Services
Bin Size 1/week 2/week 3/week 4/week 5/week Extra
Pickup
1-2 CY $107.38 $198.24 $291.46 $384.68 $476.71 $25.28
3 CY $114.46 $215.94 $316.24 $416.54 $515.66 $27.50
4CY $125.08 $232.46 $341 .01 $450.76 $558.14 $30.11
6CY $143.96 $267.86 $394.11 $505.04 $641 .91 $35.68
Roll-off Services Rate/How Charged
Service/Item Rate How Charged
1 0 - 40 CY Roll-off $335.11 Rate Per Pull
Recycling Compactor $142.00 Rate Per Pull

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Exhibit 1
Maximum Permitted Service Rates
April 1, 2016 - June 30, 2017
Water Reclamation Site $115.00 Rate Per Pull
Rate Per Pull - plus 4 tons of applicable
Temporary Roll-off $335.11 disposal
Rate Per Pull - plus 6 tons of applicable
Temporary Green Waste Roll-off $335.11 disposal
Rate Per Pull - plus 6 tons of applicable
Temporary C&D Roll-off $335.11 disposal
Rate Per Pull - plus 6 tons of applicable
Temporary Inert Roll-off $335.11 disposal
Per Occurrence (in excess of 15
Standby-Roll Back $135.70 minutes)
Dry Run/Relocate $75.00 Per Occurrence
Roll-off Wood (Treated) $102.88 PerTon
Disposal Per Ton $49.05 PerTon
Green Waste Per Ton $48.29 PerTon
Wood Waste Per Ton $42.50 Per Ton
Inerts (Clean) $100.00 Per Load
Dry Wall $40.28 PerTon
Carpet $50.00 PerTon
Overweight Penalty $12.00 PerTon
Miscellaneous Compactor Repairs $66.91 Per Hour
Temporary Bin Services Rate/How Charged
Item/Service Rate How Charged
7-day Bin $69.00 Each Occurrence
Extra Pick-up 7 Day $69.00 Each Occurrence
7-day Bin Extension $69.00 Each Occurrence

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Exhibit 1
Maximum Permitted Service Rates
April 1, 2016-June 30, 2017
Misc. Services Rate/How Charged
Item/Service Rate How Charged
Clean-Up Service $36.23 Per each 15 minutes
Late Set Out (Barrel) $28.75 Per trip
On-Call Refuse Pickup (non $45.00 Each Occurrence 2 - 4 Cubic Yard service day) On-Call Recycling Pickup (non $35.00 Each Occurrence 2 - 3 Cubic Yard service day
Cart Replacement $74.75 Each Cart/Each Occurrence
Lock $17.70 Each Lock/Each Occurrence
Bin Enclosure Cleaning $37.16 Each Enclosure/Each Occurrence Bin Roll Out Service $67.26 Monthly
Bin Steam Cleaning $37.16 Each Bin/Each Occurrence
Rent 3 Yard Tilt Hopper $30.00 Each Tilt Hopper/Each Occurrence Compactor Cleaning $133.34 Each Compactor/Each Occurrence Recycling Contamination $59.00 Each Bin
Late Fee 1.5% Per month

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Exhibit 2
City Facilities
Location Address
Fire Department
Fire Station #221 200 E. 3rd St
Fire Station #222 1201 W 9m St
Fire Station #223 2121 Medical Center Dr
Fire Station #224 2641 NE St
Fire Station #225 1640 W Kendall Dr
Fire Station #226 1920 N Del Rosa Ave
Fire Station #227 282 W 40m St
Fire Station #228 3398 E Highland Ave
Fire Station #229 202 N Meridian Ave
Fire Station #230 502 S Arrowhead Ave
Fire Station #231 450 E. Vanderbilt Way
Fire Station #232 6065 N Palm Ave
Fire Department Automotive Shop 120 D St
Police Department
Police Department 710 ND St
Police Pistol Ranch 1100 E Highland Ave
Animal Control 333 W Chandler Pl
Parks Department
Park & Recreation 1494 E Art Townsend Dr
Parks Dept - T 234 S Mtn View Ave
CID, TT, Parks Dept 8088 N Palm Ln
Lytle Creek Park 300 S. K St
Meadowbrook Park 2nd & Mt View Ave
Perris Hill Park 1100 E Highland Ave
Rio Vista Park 1399 N California St
San RI Fields/Nicolson Park 2"0 & Meridian
Seccombe Park 5th & Belle
Hernandez Community Center 222 N Lugo Ave
Antil Garden Project 868 E 6m St

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Exhibit 2
City Facilities
Location Address
Meadow Nutrition Center 123 N Mtn View Ave
Ruben Campos 1717 W 5m St
Senior Citizens Ser Center 600 W 5tn St
Warner-Hodgedon Field 200 E 7m St
Al Guhin Park 3650 Little League Dr
Little League
Doty Field 40m & Waterman Ave
Melton Field 300 E 40m St
Del Road Little League Park Marshall/Mountain Ave
Carl Karper Field #39 3900 Severance Ave
Guiterrez Field 1291 W 14m St
Palm Field 790 E 6m St
Porterfield Little League 226 Et" St
Blair Park 1466 W Marshall Blvd
Highland Fields North 1535 Arden Ave
Highland Fields South Pacific & Arden
Nicholson Community Center 2750 W 2na St
Guadalupe Field am & Western
Ann Shirrells Park 1367 N California St
Ballard Field 1700 W 5m St
Mill Community Center 503 E Central Ave
Nunez Park 1717 W 5tn St
Delman Heights Center 2969 N Flores St
Speicher Park 1535 Arden Ave
Wildwood Elks Field 500 E 40m St
Post 777 Little League Marshall/Little Mtn
City Yard
Central Store/Yards 181 S Pershing Ave
Electrical Shop-T 182 S Sierra Way
City Garage 182 S Sierra Way

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Exhibit 2
City Facilities
Location Address
Paint Shop-T 231 S Pershing Ave
Public Works Bldg 231 S Pershing Ave
Refuse Yard/Warehouse-R 180 S. Sierra Ave
Library
Feldheym Central Library 555 W 61
n St
Rowe Branch Library 108 E Marshall Blvd
Villasenor Branch Library 525 N Mt Vernon Blvd
Soccer
Blast Soccer Field 3500 W Little League Dr
Arrowhead Stadium 280 SE St
City Hall 300 ND St
Pioneer Cemetery 7m & Sierra Way
Miscellaneous
Norton Air Force Base Gym 1554 E Art Townsend Dr
Roosevelt Bowl 1001 E Highland Ave
Sturgis Auditorium 780 NE St
Homeless Access Center 247 E 7m St
Urban Conservation Corp 378 E Orange Show Rd
Other City facilities/buildings/locations as may be requested by the City.

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Primary Facilities:

Exhibit 3
Contractor's Facilities
• San Bernardino Landfill System (Contractor's preferred disposal site) • Burrtec East Valley Recycling & Transfer Facility
• Riverside County Waste System
• Salton City Landfill System
Backup Facilities:
• Burrtec West Valley MRF
• Robert A Nelson MRF/Transfer Station (Agua Mansa MRF) • Other additional facilities upon written notice to the City

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Exhibit 4
City Sponsored Events
• City Hall Food truck event held every Third Thursday. • Movie in the Park held in June/July held every Wednesday night. • San Bernardino Air and Car Show (October).
• Turkey Trot (November).
• Hoho Parade (December).
• Perris Hill Park Christmas in the Park (December)).
• Cafe Tuesdays.
• Downtown Farm Share Market.
• Rendezvous Route 66.
• Dump Days (11 days per Agreement Year).
• Secure Document Shred Event for City Residents ( dates, locations and times to be agreed to between City and Contractor).
• Compost Give-Away Event (amount of compost to be delivered by Contractor, dates, locations and times to be agreed to between City and Contractor). • Neighborhood/ Community Council Clean-Up Events (dates, locations and times to be agreed to between City and Contractor).

Other City Sponsored Events as requested by the City.

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Exhibit 5
Transition Plan

SOLID WASTE COLLECTION SERVICES

1. EMPLOYMENT ACTIVITIES
Contractor proposes to initiate the recruitment process immediately following award of contract by the City Council.
(1) Recruitment. Upon award of the contract, Contractor representatives will distribute an Employment Announcement to City employees who will be displaced by the outsourcing of Solid Waste Collection Services, Street Sweeping Services and RightOf-Way Clean-Up Services to Contractor. The announcement will detail pay and benefits and describe the employment process.
(2) Hiring and Orientation. Following the award of contract to Contractor, all eligible City employees will be offered employment upon successful completion of the following items:
a. Criminal and driving background check
b. Post offer physical exam
c. Drug screening
(3) Job Fair. Contractor will host a job fair in San Bernardino for employees and their family. The job fair will provide additional information on Contractor, such as the employee manual, benefit information and give employees and opportunity to talk with management, supervisors and Contractor employees.

New hire orientation will be held 7-10 days prior to the contract start date. (4) Start Date as Contractor Employees. On Service Commencement Date, the City's former IWMD employees will report for work as employees of Contractor retaining their seniority from their original dates of hire with the City.

2. TRANSITION ACTIVITIES
The transition period begins with the award of contract and ends thirty (30) days after services have been implemented.
(1) Transition Planning. Within five (5) calendar days following contract award, Contractor will meet with the City Staff to discuss the Implementation Plan. (2) Ongoing Transition Team Meetings. Contractor's transition team liaison will meet with City Staff as needed to report on the progress, activities, and issues that may have surfaced and how the issues have or will be addressed.

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Exhibit 5
Transition Plan
(3) After-Action Meeting. At the conclusion of the transition period, City and Contractor will meet to review the success of the transition as well as plans to address any unresolved matters.

3. OUTREACH ACTIVITIES
Contractor currently operates a local office within the City at 5455 Industrial Parkway, 909-889-1969, which shall be utilized in the interim for customer service activities. (1) Contractor Website. The Contractor website (www.burrtec.com) will be updated to provide customers with information about Contractor services, programs and events. (2) Community Meeting. In the month prior to the Service Commencement Date, Contractor will conduct community meetings for purposes of outlining services and answering questions from residents and businesses.
(3) Residential Service Brochure. Prior to the Service Commencement Date, Contractor will distribute a service brochure to each residential dwelling receiving individual collection to introduce them to services and promote recycling and organic material diversion.
(4) Chamber of Commerce Presentations. In the month prior to the Service Commencement Date, Contractor will contact a local Chamber of Commerce to schedule a presentation on the transition and commercial services offered. (5) Media Advertising. One (1) week prior to the Service Commencement Date, Contractor will publish a print media advertisement to alert the community to the upcoming transition in service providers.

4. CUSTOMER SERVICE ACTIVITIES
During the transition, Contractor will utilize its existing, in-City facility located at 5455 Industrial Parkway, San Bernardino, 909-889-1969, [email protected] as its local customer service office.
(1) CSR Orientation/Training. Following the award of contract, all Contractor personnel having direct contact with the public will participate in an orientation session to familiarize them with the transition process and services offered in San Bernardino.

This training will ensure that all Contractor customer service personnel are familiar with the upcoming services the company will render and can respond intelligently to any inquiry received.
(2) Account Information. Contractor will identify all customers and the services rendered to each.
a. City Record Upload. Within ten (10) working days of executing the agreement, City will provide and Contractor will upload City's Customer Management Record

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Exhibit 5
Transition Plan
with the name, service address, billing address, subscribed services, including but not limited to, container size, pick up frequency, and account history. b. Create Contractor CMR. Following the upload of the City's Customer Management Record, Contractor will create a Contractor Customer Management Record and perform a desktop audit of the records.
c. Field Verification. Contractor will visit each Commercial customer service location to verify the presence of containers, inspect container locations including enclosures and note the presence of containers for Recyclable Materials and Organic Materials collection services.

5. OPERATIONAL ACTIVITIES
Operational activities are to include all services dealing with collection operations. ( 1) Collection Vehicles
a. Evaluation. Contractor will evaluate City-owned collection vehicle for immediate use and long-term use in the City.
b. Vehicle Signage. Contractor will rebrand each vehicle acquired from the City. (2) Containers.
a. Residential Carts.
i. Labeling. Within the first four (4) weeks following the Service Commencement Date, Contractor personnel will re-brand every BLACK, BLUE and GREEN cart in service by affixing a Contractor identification sticker, with Contractor's name, website address and telephone number, so as to cover the City's identification. Additionally, stickers displaying acceptable materials will also be affixed to the lid of each BLUE and GREEN cart.
ii. Replacement. Any cart found to be in disrepair will be replaced with a cart employing the same BLACK-BLUE-GREEN color scheme.
b. Commercial Bins.
i. Labeling. Within the first four (4) weeks following the Service Commencement Date, Contractor personnel will label every bin in service by affixing a Contractor identification sticker, with Contractor's name, website address and telephone number, so as to cover the City's identification. Additionally, stickers displaying acceptable materials will also be affixed to front of bins used for collecting Recyclable Materials and Organic Materials. ii. Short-Term Replacement Program. Any bin found to be in disrepair, will be repaired in the field or replaced with a clean and freshly rehabilitated bin. c. Roll-off Boxes and Compactors.

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Exhibit 5
Transition Plan
i. Re-Branding. Within the first four (4) weeks following the Service Commencement Date, Contractor personnel will re-brand every roll-off box by painting and stenciling, and compactors by affixing a Contractor identification sticker, with Contractor's name and telephone number, so as to cover the City's identification. Additionally, stickers displaying acceptable materials will also be affixed to front of compactors used for exclusively collecting Recyclable Materials and Organic Materials.
ii. Refurbishing. Any roll-off box or Contractor-owned compactor found to be in disrepair will be repaired or replaced with a clean and freshly rehabilitated replacement unit.
(3) Routing.
i. City Route Lists & Maps. Within ten (10) days of executing the agreement, City IWMD will provide Contractor with its complete route lists and route map.

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Exhibit 6
Public Education & Outreach Plan

1. PRE-STARTUP PROGRAMS
The following public education and outreach activities will be performed prior to the Service Commencement Date.
(1) Contractor Website. The Contractor website (www.burrtec.com) will be updated to provide customers with information about Contractor services, programs and events. (2) Chamber of Commerce. In the month prior to the Service Commencement Date, Contractor will contact a local Chamber of Commerce to schedule a presentation on the transition and commercial services offered.
(3) City Council Update(s). At the City's request, Contractor will provide periodic service updates to the City Council.
(4) Community Meeting. In the month prior to the Service Commencement Date, Contractor will conduct community meetings for purposes of outlining services and answering questions from residents and businesses.
(5) Media Advertising. One (1) week prior to the Service Commencement Date, Contractor will publish a print media advertisement to alert the community to the upcoming service transition.
(6) Residential Brochure. Prior to the Service Commencement Date, Contractor will distribute a brochure to each residential dwelling receiving individual collection to introduce residents to the services and to promote recycling and organic material recycling.

2. POST-STARTUP PROGRAMS
The following public education and outreach activities will be performed following the Service Commencement Date.
(1) Acceptable Materials Labels. Commencing with the Service Commencement Date, as a part of the container rebranding procedure, labels describing the materials accepted for recycling will be affixed to every container (carts and bins) used for collecting Recyclable Materials and Organic Materials.

3. ONGOING PROGRAMS
The following public education and outreach activities will be performed on an ongoing basis throughout the term of the contract.
( 1) Community Events. Contractor will provide the personnel, equipment, collection services, promotional items, and cardboard trash and recycling boxes, at no charge, in a continuing effort to support City programs and events and to promote recyclinQ

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City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc.

Exhibit 6
Public Education & Outreach Plan
awareness to the public. Community events include those as listed in Exhibit 4. (2) City's Program and Grant Funding. Public education and outreach activities which focus on beverage container recycling, used motor oil recycling, household hazardous waste disposal and waste tire collection, and are centered around such events as residential community clean-up days, Earth Day events, Public Works Week and the Orange Show Festival.
(3) School Outreach. School programs will be contingent on subscribing to City services. (4) Customer Feedback. Information regarding disposal and diversion efforts will be used to give feedback to residential neighborhood organizations and commercial customers about rates of participation, contamination, waste generation and diversion.
(5) Product Stewardship. Contractor will encourage residents to donate or exchange reusable items to local thrift stores and/or second hand establishments rather than discarding them.
(6) Residential Newsletters. Newsletters will be mailed to residents four times per Agreement Year. The newsletters will remind residents what is accepted for recycling, advise them of holiday schedules, bulky waste pickup, waste and recycling events, community events, and special waste handling topics like sharps, used motor oil and electronic waste.
(7) Key Accounts. As a part of Mandatory Commercial Recycling (AB 341) and Mandatory Commercial Organics Recycling (AB 1826) programs, Contractor staff will identify key accounts such as property managers, multi-family site managers, and major commercial and industrial properties and develop outreach efforts designed to engage greater participation in these State-mandated programs. (8) Other Education & Outreach Efforts. Throughout the term of the contract, Contractor staff will work cooperatively with the City to monitor the effectiveness of existing public education and outreach programs and to identify and develop new public education and outreach programs as might be necessary to meet diversion targets.

4. SCHEDULE & QUANTITY OF MATERIAL
( 1) Brochures. Contractor will distribute brochures describing services, proper use of carts, and acceptable materials to all residential cart before the Service Commencement Date. Brochures will also be distributed to new customers when a change in occupancy is noted.
(2) Newsletters. Contractor will distribute newsletters to Residential customers four times per Agreement Year. Commercial newsletters will be distributed to coincide with special program notices such as AB 341 and AB 1826 on a semi-annual basis.

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Exhibit 7
Diversion Plan
This Diversion Plan describes Contractor's the strategic approach to increase the City's overall diversion rate.

RESIDENTIAL SECTOR
Current residential programs will be augmented by:
(1) Brochures/Newsletters. Re-energizing the programs by re-introducing the concepts of single-stream recycling and green waste diversion through full color bilingual brochures distributed to every residential customer. (2) Move-In Service. Collection of recyclable materials such as flattened cardboard and packing paper that would exceed the capacity of the recycling cart.
(3) Public Education/Outreach. The following activities will be performed on an ongoing basis throughout the term of the agreement
a. Community Events. Contractor will provide the personnel, equipment, collection services, promotional items, and cardboard trash and recycling boxes, at no charge, in a continuing effort to support City programs and events and to promote recycling awareness to the public. Examples of events include, but are not limited to Cafe Tuesdays, Third Thursday Food Fest, Downtown Farm Share Market, Movie Night in the Park and Rendezvous Route 66.
b. City's Program and Grant Funding. Public education and outreach activities which focus on beverage container recycling, used motor oil recycling, household hazardous waste disposal and waste tire collection, and are centered around such events as residential community clean-up days, Earth Day events, Public Works Week and the Orange Show Festival.
c. School Outreach. School programs will be contingent on subscribing to City services.
d. Customer Feedback. Information regarding disposal and diversion efforts will be used to give feedback to residential neighborhood organizations and commercial customers about rates of participation, contamination, waste generation and diversion.
e. Product Stewardship. Contractor will encourage residents to donate or exchange reusable items to local thrift stores and/or second hand establishments rather than discarding them.
f. Residential Newsletters. Newsletters will be mailed to residents four times per AQreement Year. The newsletters will remind residents what

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City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc.

Exhibit 7
Diversion Plan
is accepted for recycling, advise them of holiday schedules, bulky waste pickup, waste and recycling events, community events, and special waste handling topics like sharps, used motor oil and electronic waste.
g. Key Accounts. As a part of Mandatory Commercial Recycling (AB 341) and Mandatory Commercial Organics Recycling (AB 1826) programs, Contractor staff will identify key accounts such as property managers, multi-family site managers, and major commercial and industrial properties and develop outreach efforts designed to engage greater participation in these State-mandated programs.
h. Other Education & Outreach Efforts. Throughout the term of the contract, Contractor staff will work cooperatively with the City to monitor the effectiveness of existing public education and outreach programs and to identify and develop new public education and outreach programs as might be necessary to meet diversion targets.

COMMERCIAL SECTOR
Contractor proposes to increase diversion from Commercial sources by:
( 1) AB 341 Recycling Programs. Contractor will identify and report to the City annually on the AB 341 compliance status of each business. Contractor's recycling coordinator will work with each non-compliant business to establish programs. (AB 341 defines "business" as any commercial entity, public entity such as a school or hospital, and multi-family dwelling of five (5) units or more.)
(2) Recycling Rebates. Commercial establishments that generate large quantities of source-separated Recyclable Materials may be offered rebates based on the net value of the commodity.
(3) Organic Materials / AB 1826 Compliance. Contractor will identify and report to the City on the businesses impacted by AB 1826. Contractor's recycling coordinator will work with affected businesses to establish services that comply with the law.

INDUSTRIAL SECTOR
Contractor will to increase diversion from the Industrial sector by:
( 1) AB 341 Recycling Programs. (Previously described.) (2) Recycling Rebates. (Previously described.)
(3) Organic Materials / Mandatory Commercial Organics Recycling Law. (Previously described.)

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City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc.

Exhibit 7
Diversion Plan
(4) Construction & Demolition Waste.
a. Source-Se12arated Collection. Contractor will provide multiple containers on large job sites to enable developer/contractors to source-separate materials. Job sites with limited space might also source-separate material using containers phased to match the construction progress, i.e., rock, inerts, concrete & wood for demolition and flatwork phases, wood for framing phases, plastics & metals for plumbing, electrical & ducting phases, drywall for wall phases, carpet remnants, cardboard for HVAC, appliance and finish phases. b. Mixed C&D Processing. Contractor will provide containers for mixed construction & demolition roll-off processing.

Below are Contractor's diversion targets by service sector and date Refuse Green Waste Recyclables Total Solid Diversion
Year Disposal Diversion Diversion Waste Rate
Target Target Target Generated Target
Current 150,000 30,600 21,000 201,600 26%
2016 138,100 38,500 25,000 201,600 31%
2020 120,600 48,000 33,000 201,600 40%
2025 91,600 63,000 47,000 201,600 55%

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Exhibit 8
Customer Service Plan
Customer Service Representatives will work from local division offices, not a regional call center. This localized customer service system promotes a better understanding of local programs and customer needs.

1. LOCATION
The customer service center for the City of San Bernardino will be initially located at Contractor's existing San Bernardino Division Office at 5455 Industrial Parkway.

2. STAFFING
Will consist of nine (9) fulltime Customer Service Representatives will be available to answer and process all incoming telephone calls from City residents and commercial enterprises.

Customer Service Representatives will receive in-house training on the programs and services to be provided.

3. CALL HANDLING
Customer Service Department will be accessible via a local, toll free telephone number, which will be listed under Contractor's name in the white pages directory servicing San Bernardino. Customer Service Department hours are 8:00 AM - 5:00 PM Monday through Friday and on Saturdays between 8:00 AM and 2:00 PM after recognized holidays.

Customer phone calls and customer issues will be recorded in a computerized log, including the date and time, customer's name and address, nature of concern, and resolution. Phone calls received via the message center will be recorded in the log and responded to no later than the following workday. The log will be available for review by City representatives during normal office hours.

Contractor will provide ongoing dispatch communications between drivers, route supervisors and customer service to address issues such as locked gates, equipment malfunctions, or missed collections.

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THIRD AMENDMENT TO THE CITY OF SAN BERNARDINO’S EXCLUSIVE

FRANCHISE AGREEMENT FOR INTEGRATED SOLID WASTE COLLECTION, PROCESSING, AND DISPOSAL SERVICES WITH BURRTEC WASTE INDUSTRIES, INC.

This Third Amendment to the City of San Bernardino’s Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services with Burrtec Waste Industries, Inc. (“Third Amendment”) is made and entered into as of July 3, 2024 (“Effective Date”) by and between the City of San Bernardino, a charter city and municipal corporation (“City”) and Burrtec Waste Industries, Inc. a California corporation organized under the laws of the State of California (“Contractor”). City and Contractor are sometimes referred to herein individually as a “Party” and collectively as “Parties.”

RECITALS
A. WHEREAS, the City and Contractor entered into an Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services dated January 25, 2016, as amended by the First Amendment to Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services and the Second Amendment to Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services (“Agreement”), for the purpose of providing the collection, recycling, diversion and disposal of Solid Waste from Service Units in the City of San Bernardino; and B. WHEREAS, pursuant to Section 33.8 of the Agreement, the Agreement may only be amended by written agreement signed by both the City and Contractor; and C. WHEREAS, SB 1383 (Chapter 395, Statutes of 2016) and the regulations adopted by the California Department of Resources Recycling and Recovery (“CalRecycle”) to implement it, require residential and commercial waste generators to participate in organic recycling programs; and
D. WHEREAS, the SB 1383 Regulations require the City to implement Collection programs, meet Processing facility requirements, conduct contamination monitoring, provide education, maintain records, submit reports, monitor compliance, conduct enforcement, and fulfill other requirements; and, the City has chosen to delegate some of its responsibilities to Contractor, acting as the City’s designee, and Contractor desires to take on these responsibilities; and E. WHEREAS, the Parties now desire to modify the Agreement to implement changes required by the SB 1383 Regulations.

NOW, THEREFORE, in consideration of the above recitals and the mutual covenants, conditions, and promises contained in this Third Amendment and the Agreement, the Parties mutually agree as follows:

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

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2. Definitions. The Definitions as stated in Section 1 shall be amended or added to read as follows, and the numbering within Section 1 for each definition shall be deleted:
a. “Compost” has the same meaning as in 14 CCR Section 17896.2(a)(4), as may be amended from time to time.
b. “Consumer Price Index or CPI” means the twelve (12) month annual average percentage change the All Urban Consumers Index (CPI-U), Not Seasonally Adjusted, All Items, Riverside-San Bernardino-Ontario, CA (Series ID:

CUURS49CSA0), as published by the U.S. Department of Labor, Bureau of Labor Statistics, for the most calendar year, compared to the prior calendar year. c. “Edible Food” means food intended for human consumption. For the purposes of this Agreement, Edible Food is not Solid Waste if it is recovered and not discarded.

Nothing in this Agreement requires or authorizes the recovery of Edible Food that does not meet the food safety requirements of the California Retail Food Code. If the definition in 14 CCR Section 18982(a)(18) for Edible Food differs from this definition, the definition in 14 CCR Section 18982(a)(18) shall apply to this Agreement
d. “Excluded Waste” means hazardous substances, Hazardous Waste, infectious waste, designated waste, volatile, corrosive, medical waste, infectious, regulated radioactive waste, and toxic substances or material that facility operator(s), which receive materials from the City and its generators, reasonably believe(s) would, as a result of or upon acceptance, transfer, processing, or disposal, be a violation of local, State, or Federal law, regulation, or ordinance, including: land use restrictions or conditions, waste that cannot be disposed of in Class III Landfills or accepted at the facility by permit conditions, waste that in the City’s reasonable opinion would present a significant risk to human health or the environment, cause a nuisance or otherwise create or expose Contractor or City to potential liability:, but not including de minimis volumes or concentrations of waste of a type and amount normally found in Single-Family or Multi-Family Solid Waste after implementation of programs for the safe collection, processing, recycling, treatment, and disposal of batteries and paint in compliance with Sections 41500 and 41802 of the California Public Resources Code.
e. “Food Recovery Organization” is as defined in 14 CCR Section 18982(a)(25). f. “Food-Soiled Paper” means compostable paper material that has come in contact with food or liquid, such as, but not limited to, compostable paper plates, paper coffee cups, napkins, pizza boxes, and milk cartons.
g. “Food Scraps” means all food such as, but not limited to, fruits, vegetables, meat, poultry, seafood, shellfish, bones, rice, beans, pasta, bread, cheese, and eggshells.

Food Scraps excludes liquids, fats, oils, and grease when such materials are Source Separated from other Food Scraps.

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h. “Food Waste” means Source Separated Food Scraps and Food Soiled Paper. Edible Food separated for food recovery shall not be considered Food Waste. i. “Hauler Route(s)” means the designated itinerary or sequence of stops for each segment of the City’s collection service area, or as otherwise defined in 14 CCR Section 18982(a)(31.5).
j. “Organic Waste” means Solid Wastes containing material originated from living organisms and their metabolic waste products including, but not limited, to, Food Waste, yard trimmings, organic textiles and carpets, lumber, wood, paper products, printing and writing paper, manure, biosolids, digestate, and sludges, or as otherwise defined in 14 CCR Section 18982(a)(46). Biosolids and digestate are as defined in 14 CCR Section 18982(a).
k. “Prohibited Container Contaminants” means the following: (i) discarded materials placed in the Recyclable Materials Container that are not identified as acceptable Source Separated Recyclable Materials for the Recyclable Materials Container; (ii) discarded materials placed in the Organic Waste Container that are not identified as acceptable Source Separated Organic Waste for the Organic Waste Container; (iii) discarded materials placed in the Solid Waste Container that are acceptable Source Separated Recyclable Materials and/or Source Separated Organic Waste to be placed in Organic Waste Container and/or Recyclable Materials Container; and (iv) Excluded Waste placed in any Container.
l. “Source Separated” means materials, including commingled Recyclable Materials, and Organic Waste, that have been separated or kept separate from the Solid Waste stream, at the point of generation, for the purpose of additional sorting or Processing of those materials for recycling or reuse in order to return them to the economic mainstream in the form of raw material for new, reused, or reconstituted products which meet the quality standards necessary to be used in the marketplace, or as otherwise defined in 14 CCR Section 17402.5(b)(4). Source Separated shall include separation of Recyclable Materials, Organic Waste, and Solid Waste by the generator into different Containers for the purpose of collection and processing.
m. “Term” means the operative life of this Agreement as stated in Section 4.2. n. ““SB 1383” means Senate Bill 1383 (Chapter 395, Statutes of 2016), and the SB 1383 Regulations adopted by CalRecycle to implement it. o. “Tier One Commercial Edible Food Generator” means a commercial edible food generator that is one of the following, each as defined in 14 CCR Section 18982:

A. Supermarket.

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square feet.

C. Food service provider.

D. Food Distributor.

E. Wholesale food vendor.

If the definition in 14 CCR Section 18982(a)(73) of Tier One Commercial Edible Food Generator differs from this definition, the definition in 14 CCR Section 18982(a)(73) shall apply to this Agreement.
p. “Tier Two Commercial Edible Food Generator” means a commercial edible food generator that is one of the following, each as defined in 14 CCR Section 18982:

A. Restaurant with 250 or more seats, or a total facility size equal to or greater than 5,000 square feet.

B. Hotel with an on-site food facility and 200 or more rooms.

C. Health facility with an on-site food facility and 100 or more beds.

D. Large venue .

E. Large Event.

F. A state agency with a cafeteria with 250 or more seats or total cafeteria facility size equal to or greater than 5,000 square feet.

G. A local education agency with an on-site food facility.

If the definition in 14 CCR Section 18982(a)(74) of Tier Two Commercial Edible Food Generator differs from this definition, the definition in 14 CCR Section 18982(a)(74) shall apply to this Agreement

3. Self-Hauling. Section 2.9 shall be amended in its entirety to read as follows:

2.9 Self-Hauling. Self-hauling is allowed as specified in the San Bernardino Municipal Code. This Agreement does not prohibit such materials which are removed from any Service Unit in the City and which are transported personally by the owner or occupant of such premises to a processing or disposal facility pursuant to the San Bernardino Municipal Code. This Agreement shall not prohibit gardeners and landscapers from collecting, transporting and composting or disposing of Green Waste, as long as they transport such Green Waste to an Organic Processing Facility, or other site permitted (or exempt from permitting) by CalRecycle, or its successor agency, in accordance with all governing laws and regulations and submit reports required by City. “Self-hauling” shall have the same definition as in Section 8.24.010 of the San Bernardino Municipal Docusign Envelope ID: E433F391-9C57-44F4-AD93-390502F72800 Packet Page. 2258

Code.

4. Monthly Franchise Fee Payment. The following sentence shall be added to the end of Section 3.4.8:
“The Franchise Fee Payment may be decreased by the City during the Term of this Agreement without Contractor’s prior written consent, and if the Franchise Fee is adjusted, City shall provide written notice to the Contractor.”

5. Term. Section 4.2 shall be amended in its entirety to read as follows:

4.2.1 Term of Agreement. The term of this Agreement shall expire on March 31, 2031, subject to early termination or extension.

6. Container Contamination Minimization. Section 6.9.1 is hereby added to read as follows:

6.9.1 Container Contamination Minimization. Contractor shall assist in minimizing contamination by helping to educate customers on acceptable and non-acceptable materials, by monitoring the contents of collection Containers, and by refusing to collect containers with visible Prohibited Container Contaminants. Contractor shall, at its sole expense conduct hauler route reviews each calendar year for Prohibited Container Contaminants in Containers in a manner that is deemed safe by the Contractor, is approved by the City, and is conducted in a manner that results in all hauler routes being reviewed, in accordance with 14 CCR Section 18984.5(b).

6.9.1.1 Number of Containers to Review. Contractor shall visually inspect the contents of all Solid Waste, Recyclable Materials, and Organic Waste Containers for a sufficient number of residential and commercial accounts to fully comply with the associated SB 1383 requirements per hauler route to search for Prohibited Container Contaminants. At a minimum, the Contractor shall inspect, 3% of all residential Solid Waste, Recyclable Materials, and Organic Waste Containers, and 10% of all commercial businesses, including multi-family units. The Containers shall be randomly selected by a method approved by the City.

6.9.1.2 Route Review Methodology. Contractor shall develop a hauler route review methodology that complies with the requirements of 14 CCR Sections 18984.5(b).

Contractor shall submit its proposed hauler route review methodology for the coming contract year (July – June) to the City no later than July 1 of each year, describing its proposed methodology for the calendar year and schedule for performance of each hauler route review. Company’s proposed hauler route review methodology shall include its plan for container inspections and shall also include its plan for prioritizing the inspection of customers that are more likely to be out of compliance. City shall review, comment on, and approve the proposed methodology. Contractor may commence with the proposed methodology upon approval. If the City notifies the Contractor that the methodology is inadequate to meet the requirements of SB 1383, Contractor shall, at its sole expense, revise the methodology and, after obtaining City approval, conduct additional hauler Docusign Envelope ID: E433F391-9C57-44F4-AD93-390502F72800 Packet Page. 2259

route reviews, increased container inspections, or implement other changes using the revised procedure. Contractor shall implement and perform route reviews per the approved methodology beginning July 1, 2024.

6.9.1.3 Scheduling. The City may request, and Contractor shall accept, modifications to the schedule to permit observation by the City subject to reasonable safety protocols. In addition, Contractor shall provide email notice to the City no less than ten (10) working days prior to each scheduled hauler route review that includes the specific time(s), which shall be within the City’s normal business hours, and location(s).

6.9.1.4 Documentation. Contractor shall document contamination with still pictures or video, and will notify the customer of the contamination and recycling requirements. Contractor may, at its discretion, collect the Container as Recyclable Materials, Organic Waste, or as Solid Waste.

6.9.1.5 Reporting Requirements. Contractor shall maintain records and report to the City on contamination monitoring activities and actions taken. Contractor shall collaborate with the City to obtain records and submit the AB 939/SB 1383 Electronic Annual Report (EAR) on behalf of the City to CalRecycle by August 1st of each year starting in 2024. The submitted EAR shall meet the requirements per 14 CCR Section 18794.0.

6.9.1.6 SB 1383 Monitoring and Inspections. Contractor shall perform customer compliance reviews described in this subsection annually, as of the Effective Date, unless otherwise noted.

6.9.1.7 Commercial Generator Compliance Reviews. Contractor shall complete a compliance review of all commercial businesses that generate two (2) cubic yards or more per week of solid waste, including organic waste, to determine their compliance with: (i) generator requirements under the City Code and this Agreement; and, (ii) if applicable for the customer, self-hauling requirements per 14 CCR Section 18988.3. The compliance review shall mean a “desk” review of records to determine customers’ compliance with the above requirements and does not necessarily require on-site observation of service.

6.9.1.8 Compliance Review Process. Contractor shall conduct inspections and/or contact non-compliant entities described in Section 6.9.1.7 at a minimum of once per year or as directed by City to adequately determine the entities’ overall compliance with SB 1383. City may require the Contractor to prioritize inspections of entities that the City determines are more likely to be out of compliance.

6.9.1.9 Non-Compliant Entities. When compliance reviews are performed by Contractor pursuant to this subsection, Contractor shall provide City-approved educational materials, in response to violations. Contractor shall provide these educational materials to the non-compliant customers by mail or immediately upon determination of non-compliance if such non-compliance is determined during an inspection or hauler route review. Contractor shall document the non-compliant customers and the date and type of education materials provided and report such Docusign Envelope ID: E433F391-9C57-44F4-AD93-390502F72800 Packet Page. 2260

information to the City. Beginning January 1, 2024, the Contractor shall document noncompliant customers determined through Contractor’s compliance reviews, and shall report all customers with SB 1383 violations to the City. The City shall be responsible for subsequent enforcement action.

6.9.1.10 Tier 1 and Tier 2 Edible Food Generators and Food Recovery Organizations. Contractor shall inspect each Tier 1 and Tier 2 edible food generator and food recovery organization within the City annually to determine their compliance with SB 1383 and take reasonable steps to ensure generators are educated on their compliance requirements with regulations and the City is notified of non-compliant entities.

6.9.1.11. Documentation of Inspection Actions. The Contractor shall generate a written or electronic record and maintain documentation for each inspection, including Tier 1 and Tier 2 edible food generators and food recovery organizations, hauler route review, and compliance review conducted. Contractor shall provide a copy of that documentation to the City as part of its Annual Report.

6.9.1.12 Documentation of SB 1383 Non-Compliant Complaints. Contractor shall maintain a computer database of all oral and written SB 1383-related non-compliant complaints reported to Contractor from customers or other persons. Contractor shall provide a copy of the Recyclist Program information collected to the City as part of its Annual Report.

6.9.1.12.1 Reports of SB 1383-Noncompliant Complaints. For reports received in which customers or other persons allege that an entity is in violation of SB 1383 requirements, Contractor shall document such complaint investigations. Contractor shall provide this information in a brief complaint report to the City for each SB 1383- noncompliant complaints within five (5) working days of receipt of such complaint, and a quarterly summary report of SB 1383-noncompliant complaints.

6.9.1.12.2 Investigation of SB 1383-Noncompliant Complaints. Contractor shall assist City in meeting its obligation to investigate non-compliant complaints by commencing an investigation within thirty (30) days of receiving notice of a complaint in the following circumstances: (i) upon Contractor receipt of a complaint that an entity may not be compliant with SB 1383 and if City determines that the allegations against the entity, if true, would constitute a violation of SB 1383; and, (ii) upon City request to investigate a complaint received by City, in which City determines that the allegations against the entity, if true, would constitute a violation of SB 1383. Contractor is required to investigate complaints against customers and generators, including Tier One and Tier Two Commercial Edible Food Generators, against Edible Food recovery organizations, Edible Food recovery services, and other entities regulated by SB 1383. Contractor shall investigate the complaint by:
i. Reviewing the service level of the customer (if the entity is a customer of the Contractor);
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ii. Reviewing the waiver list, if applicable, to determine if the entity has a valid, City-approved de minimis or physical space constraint waiver; iii. Reviewing the self-haul registration list, if applicable, to determine if the entity has registered and reviewing the entities reported self-haul information;
iv. Inspecting premises of the entity identified in the complaint notice, if warranted;
v. Contacting the entity to gather more information, if warranted; and
vi. Affixing a City-approved notice of non-compliant complaint report on the customer’s container that includes SB 1383 generator requirements and, if applicable, provides a City-approved deadline for correction.

6.9.1.11.3 Reporting. Within ten (10) days of completing an investigation of an SB 1383-noncompliant complaint, Contractor shall submit to City an investigation complaint report that documents the customer account in question, the nature of the complaint, the investigation performed, and recommends to City whether or not the entity investigated is in violation of SB 1383 based on the Contractor’s investigation. The City shall make a final determination of the allegations against the entity.

Contractor shall provide to City in its reports a list of all customer non-compliant complaint notices that have not been resolved by Contractor within thirty (30) days of receiving such notice. The Contractor complaint list shall include the customer’s account information, including customer’s then-current service level, the nature of the complaint, and Contractor’s efforts to resolve the complaint. City, or its designee, shall be responsible for investigating such outstanding complaints received by Contractor.

Within three (3) business days of the City’s or its designee’s request, Contractor shall provide City or its designee with customer account information and other documentation that may be useful in the investigation such as records of the customer’s most recent change(s) in service level and other customer service records.

7. Procurement of Recovered Organic Waste. Section 6.15 is hereby added to read as follows:

6.15 Procurement of Recovered Organic Waste. Contractor shall purchase or procure Compost and or mulch necessary to meet 30% of the City’s annual target amount as specified in SB 1383 Regulations, 14 CCR Section 18993.1. Contractor agrees to act as a direct service provider on behalf of the City for additional quantities of Recovered Organic Waste Products to help the City meet its annual target amount at the City’s expense.

Recovered Organic Waste Products shall comply with 14 CCR 18993.1(f). Contractor shall comply with the recordkeeping and verification requirements of 14 CCR 18993.2.

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8. Conditions of Service. Section 7.1 is hereby amended to read as follows:

7.1 Conditions of Service. Contractor shall provide SFD collection service to all SFD Service Units whose Solid Waste, Recycle Materials, or Organic Waste are properly placed in Carts.

Except as set forth in Section 7.8, Contractor shall offer Carts for Solid Waste, Recycle Materials, and Organic Waste in 35-, 64-, and 96-gallon sizes. Contractor shall provide, at its sole expense, a senior discount of ten percent (10%) for 35-gallon Solid Waste Cart service at no cost to the City or other customers. Contractor may offer alternative services to recipients receiving on-premise service. If collection in Carts is not sufficient to accommodate the amount of Solid Waste generated, Contractor may offer Bins or Rolloffs in sizes as allowed under this Agreement.

9. SFD Food Waste Collection Services. Section 7.7.5 (SFD Food Waste Collection Services) is hereby deleted it its entirety and replaced with the following:

7.7.5 SFD Organic Waste Collection Services. No later than September 1, 2024, Contractor shall provide all SFD accounts with Organic Waste Collection Services, including the collection of food waste.

10. MFD Organic Waste Collection Services. Section 8.2 is hereby amended to read as follows:

8.2 MFD Organic Waste Collection Service. For MFD Service Units utilizing Bins or Rolloffs for collection, Contractor shall implement any required MFD Organic Waste Program in accordance with the schedule established under AB 1826 and SB 1383.

11. Commercial Organic Waste Collection Service. Conditions of Service. Section 9.4.1 is hereby amended to read as follows:

9.4.1 Conditions of Service. In accordance with the schedule established under AB 1826 and SB 1383, Contractor shall provide Commercial Organic Waste Collection Service to all Commercial Service Units in the service area who have subscribed for service and whose Commercial Organic Waste materials are properly placed in Containers except as set forth below, where the Containers are accessible. Commercial Organic Waste Collection Service will occur Monday – Friday, and on Saturdays upon request and as necessary.

12. Street Sweeping. A new subsection 11.25 is to be added to Section 11 Street Sweeping and read as follows:

11.25 Review of GPS Data. Contractor shall no less than weekly review GPS data from each street sweeping route to determine if all required street sweeping services have been fully provided. Contractor shall include a written confirmation in each Quarterly Report that the Contractor has reviewed the daily GPS data for all Street Sweeping routes and verified that all routes have been fully completed, as scheduled. If that is not the case, Contractor shall provide a list of any and all exceptions.

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13. SB 1383 Outreach and Education. Section 14.9 is hereby added to read as follows:

14.9 SB 1383 Outreach and Education. The Contractor shall conduct a public information program, as directed and approved by the City and meeting the SB 1383 requirements , to inform and remind residents and businesses of the recycling and organic waste programs and their operation. Such program shall include media releases, advertisements, public appearances, community involvement programs to encourage participation in recycling efforts. A program plan shall be submitted to the City prior to July 1 of each contract year for approval. Contractor shall, consistent with 14 CCR Section 18985.1, provide generators with information on properly separating materials, organic waste prevention, on-site recycling, composting, methane reduction benefits, how to recycle organic waste, approved haulers, public health and environmental impacts associated with landfilling organic waste, self-haul requirements, and edible food donation. Contractor shall prepare and distribute public education and outreach materials in non-English languages spoken by a substantial number of the public that are provided organic waste collection services, consistent with the requirements of Government Code section 7295.

Annually Contractor shall provide Tier One and Tier Two Commercial Edible Food Generators with information on the City’s Edible Food Recovery Program, generator requirements, and food recovery.

Contractor shall cooperate and coordinate with the City Manager or his or her designee on public education activities to minimize duplicative, inconsistent, or inappropriately timed education campaigns. Contractor shall obtain approval from the City Manager or his or her designee on all Contractor -provided public education materials including, but not limited to: print, radio, television, or internet media before publication, distribution, and/or release. City shall have the right to request that Contractor include City identification and contact information on public education materials and approval of such requests shall not be unreasonably withheld. Contractor shall provide access to the Recyclist Program during the term of the agreement and will provide the records for up to two years after the agreement ends upon request.

14. Container Labeling. A new Section 15.17.9 shall be added and read as follow:

15.17.19 Container labeling. All new and replacement Containers shall be SB 1383 compliant as of the Effective Date of this Amendment.

15. Submission of Reports. Section 24.4 shall be amended to read as follows:

24.4 Submission of Reports. Reports shall be submitted to:

Director of Public Works
City of San Bernardino
290 North D Street
San Bernardino, CA 92401
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16. Liquidated Damages. Section 30.5.5 shall be deleted in its entirety and replaced with the following:

LIQUIDATED DAMAGES
Item Amount
a. Failure or neglect to address each
complaint by the close of the next
working day.
$100 per incident per Service
Recipient
b. Failure to address concerns regarding
maintaining the collection equipment
in a clean, and sanitary manner.
$100 per incident per day.
c. Failure to have a vehicle operator
properly licensed.
$100 per incident per day.
d. Failure to maintain office hours as
required by this Agreement.
$100 per incident per day.
e. Failure to maintain or timely submit to
City all documents and reports
required under the provisions of this
Agreement.
$100 per incident per day.
f. Failure to display Contractor's name
and customer service phone number
on collection vehicles.
$100 per incident per day.
g. Failure to collect a missed collection by
close of the next work day upon notice
to Contractor
$100 per incident per day.
h. Failure to repair or replace damaged
Carts or Bins within the time required
by this Agreement.
$100 per incident per day.
i. Failure to deliver or exchange Carts or
Bins within the time required by this
Agreement.
$100 per incident per day.

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LIQUIDATED DAMAGES
Item Amount
j. Failure to meet vehicle noise
requirements.
$100 per incident per day.
k. Failure to maintain collection hours as
required by this Agreement without
prior City approval.
$250 per incident per day.
l. Failure to offer and provide adequate
facility processing capacity of
Recyclable Materials and Organic
Waste.
$250 per incident per day.
m. Failure to have field personnel in
company/contractor uniform.
$250 per incident per day.
n. Failure to repair damage to customer
property caused.
$500 per incident per location.
o. Failure to repair damage to City
property caused by Contractor or its
personnel.
$500 per incident.
p. Failure to clean up spillage or litter
caused by Contractor.
$500 per incident per location.
q. Failure to properly cover materials in
roll-off containers during transport.
$500 per incident.
r. Changing residential collection days
without property notification to the
City Representative.
$500 per incident per day.
s. Commingled Solid Waste with
Recyclable Materials or Organic Waste,
with the exception of contaminated
recyclables.
$500 per incident.
t. Disposal of Recyclable Materials or
Organic Waste in the landfill without
first obtaining the required permission
$500 per load.

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LIQUIDATED DAMAGES
Item Amount
of the City.
u. Failure to deliver any collected
materials to a permitted Disposal
Facility, Materials Recovery Facility, or
Organic Processing Facility, as
appropriate, except as otherwise
expressly provided in this Agreement.
$5,000 each failure
v. Commingling of materials collected
inside and outside the City of San
Bernardino.
$1,000 per incident.
w. Failure to meet and maintain minimum
annual Diversion Guarantee for two
consecutive years.
$50 per ton for each ton under the
minimum requirement
x. Failure to remove graffiti as specified in
Section 6.10.
$100 per Container per day.
y. Failure to sweep a street after
notification by City that street had not
been swept in accordance with
established schedule or sweeping did
not meet generally accepted industry
standards for sweeping.
$500 per block or lot.
z. Failure to provide Containers for SB
1383 Collection service to all
customers by July 1, 2025 unless
customer is waiting for waiver approval
or has been granted a waiver.
$500 each week.
aa. Failure to complete annual outreach
and education requirements in
accordance with this Agreement and
SB 1383 by July 1, 2025, and each July
1st thereafter
$500 per Agreement Year.

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LIQUIDATED DAMAGES
Item Amount
bb. Failure to complete annual SB 1383
monitoring requirements by July 1,
2025, and each July 1st thereafter, in
accordance with this Agreement and
SB 1383.
$500 per year.
cc. Failure to complete annual calendar
reporting requirements by July 1, 2025,
and each July 1st thereafter, in
accordance with this Agreement and
SB 1383.
$500 per year.
dd. Failure to contact Customers in
response to complaints within one (1)
business day or to resolve or remedy a
Complaint within seven (7) calendar
days of receiving such Complaint.
$100 per incident
ee. Failure to issue contamination notices
in accordance with this Agreement and
SB 1383.
$50 per incident
ff. Failure to conduct compliance tasks
(i.e., perform route reviews or waste
audits) in accordance with this
Agreement and SB 1383.
$100 per incident
gg. Failure to perform re-inspections in
accordance with this Agreement and
SB 1383.
$50 per incident
hh. Submission of a late report required by
the SB 1383.
$500 per incident.

17. Compliance with Laws. The following sentence shall be added to the end of Section 25.6 “Nothing contained herein shall prohibit Contractor from meeting its compliance requirements by any alternative methods or procedures, provided it complies with SB 1383, and/or any other applicable law, as may be amended from time to time.” Docusign Envelope ID: E433F391-9C57-44F4-AD93-390502F72800 Packet Page. 2268

18. Notices. Section 33.9 shall be amended to read as follows:

33.9 Notices. All notices required or permitted to be given under this Agreement shall be in writing and shall be personally delivered or sent by United States certified mail, postage prepaid, return receipt requested, and by email, addressed as follows:

To City: Rochelle Clayton, Acting City Manager
City of San Bernardino
290 North D Street
San Bernardino, CA 92401 Email:

[email protected]
Copy to: Sonia Carvalho, City Attorney
City of San Bernardino
Best Best & Krieger LLP 18101 Von
Karman Ave., Suite 1000 Irvine,
CA 92612
Email: [email protected]
And to: Lynn Merrill, Director of Public Works
City of San Bernardino
290 North D Street
San Bernardino, CA 92401 Email:

[email protected]
To Contractor: Cole Burr, President
Burrtec Waste Industries, Inc.
9890 Cherry Ave.

Fontana, CA 92335

19. Public Records. The heading of Section 33.12 shall be renamed to “33.12 Public Records.”

20. Replacement of Exhibit 1. Exhibit 1 of the Agreement is hereby replaced with the Exhibit 1 attached to this Third Amendment and incorporated by reference herein.

21. Contractor understands and agrees that it shall comply with any changes to the San Bernardino Municipal Code adopted by City necessary or advisable to ensure compliance with SB 1383 and which are not inconsistent with the terms of this Agreement.

22. Whenever the words “AB 1826” appear in the Agreement, “and SB 1383 ” shall follow.

23. This Third Amendment may be executed in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.

24. This Third Amendment shall affect only the items specifically set forth herein, and all other Docusign Envelope ID: E433F391-9C57-44F4-AD93-390502F72800 Packet Page. 2269

terms and conditions of the Agreement shall remain in full force and effect.

IN WITNESS WHEREOF, the Parties hereto have executed this Third Amendment on the Effective date first herein above written.

CITY CONTRACTOR
CITY OF SAN BERNARDINO BURRTEC WASTE INDUSTRIES, INC.

APPROVED BY:
___________________________ ___________________________ Rochelle Clayton Cole Burr
Acting City Manager President
APPROVED AS TO FORM:
___________________________
Best Best & Krieger LLP
City Attorney
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Exhibit 1
Maximum Permitted Service Rates
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Burrtec Waste Industries, Inc
City of San Bernardino
EXHIBIT 1
Current Current
Rates Rates
Residential/MF Barrel $ 26.42 Commercial Barrel $ 26.42 Residential 35 Gal Barrel n/a (incl Trash & Recycling Barrel) Residential 35 Gal Barrel Sr n/a
Mobile Home - 3 Barrel Service $ 17.73 Commercial Compactors Mobile Home Complex - 2 Barrel n/a Size Freq
2 cu. yrd. 1 x Wk $ 152.41
Residential Trash Bins 2 cu. yrd. 2 x Wk $ 285.57
Size Freq 2 cu. yrd. 3 x Wk $ 420.12
1 cu. yrd. 1 x Wk $ 128.28 2 cu. yrd. 4 x Wk $ 553.86
1 cu. yrd. 2 x Wk $ 235.06 2 cu. yrd. 5 x Wk $ 687.86
1 cu. yrd. 3 x Wk $ 348.56 2 cu. yrd. 6 x Wk $ 914.95
1 cu. yrd. 4 x Wk $ 459.37 3 cu. yrd. 1 x Wk $ 179.87
1 cu. yrd. 5 x Wk $ 567.48 3 cu. yrd. 2 x Wk $ 335.00
1 cu. yrd. 6 x Wk $ 757.61 3 cu. yrd. 3 x Wk $ 492.89
2 cu. yrd. 1 x Wk $ 128.87 3 cu. yrd. 4 x Wk $ 643.92
2 cu. yrd. 2 x Wk $ 236.22 3 cu. yrd. 5 x Wk $ 805.93
2 cu. yrd. 3 x Wk $ 350.32 3 cu. yrd. 6 x Wk $ 1,076.39 2 cu. yrd. 4 x Wk $ 461.70 4 cu. yrd. 1 x Wk $ 179.87
2 cu. yrd. 5 x Wk $ 570.42 4 cu. yrd. 2 x Wk $ 335.00
2 cu. yrd. 6 x Wk $ 761.10 4 cu. yrd. 3 x Wk $ 492.89
3 cu. yrd. 1 x Wk $ 137.52 4 cu. yrd. 4 x Wk $ 643.92
3 cu. yrd. 2 x Wk $ 260.45 4 cu. yrd. 5 x Wk $ 805.93
3 cu. yrd. 3 x Wk $ 387.00 4 cu. yrd. 6 x Wk $ 1,076.39 3 cu. yrd. 4 x Wk $ 508.39
3 cu. yrd. 5 x Wk $ 632.44 Commercial/MF/Resi GW Bins
3 cu. yrd. 6 x Wk $ 967.58 Size Freq
4 cu. yrd. 1 x Wk $ 151.54 1 cu. yrd. 1 x Wk $ 123.20
4 cu. yrd. 2 x Wk $ 286.96 1 cu. yrd. 2 x Wk $ 227.60
4 cu. yrd. 3 x Wk $ 422.35 1 cu. yrd. 3 x Wk $ 334.68
4 cu. yrd. 4 x Wk $ 556.44 1 cu. yrd. 4 x Wk $ 441.75
4 cu. yrd. 5 x Wk $ 690.50 1 cu. yrd. 5 x Wk $ 547.45
4 cu. yrd. 6 x Wk $ 1,194.23 2 cu. yrd. 1 x Wk $ 124.09 6 cu. yrd. 1 x Wk $ 219.94 2 cu. yrd. 2 x Wk $ 229.37
6 cu. yrd. 2 x Wk $ 419.68 2 cu. yrd. 3 x Wk $ 337.33
6 cu. yrd. 3 x Wk $ 620.77 2 cu. yrd. 4 x Wk $ 445.28
6 cu. yrd. 4 x Wk $ 827.26 2 cu. yrd. 5 x Wk $ 551.88
6 cu. yrd. 5 x Wk $ 1,016.26 3 cu. yrd. 1 x Wk $ 133.05 6 cu. yrd. 6 x Wk $ 1,207.95 3 cu. yrd. 2 x Wk $ 251.25 3 cu. yrd. 3 x Wk $ 367.95
Commercial/MF Trash Bins 3 cu. yrd. 4 x Wk $ 484.67
Size Freq 3 cu. yrd. 5 x Wk $ 599.99
1 cu. yrd. 1 x Wk $ 145.42 4 cu. yrd. 1 x Wk $ 145.54
1 cu. yrd. 2 x Wk $ 266.44 4 cu. yrd. 2 x Wk $ 270.47
1 cu. yrd. 3 x Wk $ 395.11 4 cu. yrd. 3 x Wk $ 396.78
1 cu. yrd. 4 x Wk $ 520.70 4 cu. yrd. 4 x Wk $ 524.47
1 cu. yrd. 5 x Wk $ 643.27 4 cu. yrd. 5 x Wk $ 649.41
1 cu. yrd. 6 x Wk $ 858.77 6 cu. yrd. 1 x Wk $ 167.50
2 cu. yrd. 1 x Wk $ 146.08 6 cu. yrd. 2 x Wk $ 311.65
2 cu. yrd. 2 x Wk $ 267.76 6 cu. yrd. 3 x Wk $ 458.56
2 cu. yrd. 3 x Wk $ 397.10 6 cu. yrd. 4 x Wk $ 587.64
2 cu. yrd. 4 x Wk $ 523.35 6 cu. yrd. 5 x Wk $ 746.87
2 cu. yrd. 5 x Wk $ 646.58 35Gal Barrel 1 x Wk n/a
2 cu. yrd. 6 x Wk $ 862.73 35Gal Barrel 2 x Wk n/a
3 cu. yrd. 1 x Wk $ 155.88 35Gal Barrel 3 x Wk n/a
3 cu. yrd. 2 x Wk $ 295.24 35Gal Barrel 4 x Wk n/a
3 cu. yrd. 3 x Wk $ 438.67 35Gal Barrel 5 x Wk n/a
3 cu. yrd. 4 x Wk $ 576.27 65Gal Barrel 1 x Wk n/a
3 cu. yrd. 5 x Wk $ 716.89 65Gal Barrel 2 x Wk n/a
3 cu. yrd. 6 x Wk $ 1,096.78 65Gal Barrel 3 x Wk n/a
4 cu. yrd. 1 x Wk $ 171.77 65Gal Barrel 4 x Wk n/a
4 cu. yrd. 2 x Wk $ 325.27 65Gal Barrel 5 x Wk n/a
4 cu. yrd. 3 x Wk $ 478.75
4 cu. yrd. 4 x Wk $ 630.74 Commercial Food Waste
4 cu. yrd. 5 x Wk $ 782.71 Size Freq
4 cu. yrd. 6 x Wk $ 1,353.70 2 cu. yrd. 1 x Wk $ 263.53 6 cu. yrd. 1 x Wk $ 249.30 2 cu. yrd. 2 x Wk $ 475.26
6 cu. yrd. 2 x Wk $ 475.72 2 cu. yrd. 3 x Wk $ 670.32
6 cu. yrd. 3 x Wk $ 703.65 2 cu. yrd. 4 x Wk $ 866.88
6 cu. yrd. 4 x Wk $ 937.71 2 cu. yrd. 5 x Wk $ 1,095.40 6 cu. yrd. 5 x Wk $ 1,151.95 2 cu. yrd. 6 x Wk $ 1,257.62 6 cu. yrd. 6 x Wk $ 1,369.23 35Gal Barrel 1 x Wk n/a
35Gal Barrel 2 x Wk n/a
Commercial/MF/Resi Recycling Bins 35Gal Barrel 3 x Wk n/a Size Freq 35Gal Barrel 4 x Wk n/a
All Sizes 1 x Wk $ 53.59 35Gal Barrel 5 x Wk n/a
All Sizes 2 x Wk $ 107.17 35Gal Barrel 6 x Wk n/a
All Sizes 3 x Wk $ 160.76 65Gal Barrel 1 x Wk $ 78.46
All Sizes 4 x Wk $ 215.00 65Gal Barrel 2 x Wk $ 143.25
All Sizes 5 x Wk $ 268.58 65Gal Barrel 3 x Wk $ 203.65
All Sizes 6 x Wk $ 322.17 65Gal Barrel 4 x Wk $ 264.40
65Gal Barrel 5 x Wk $ 333.63
65Gal Barrel 6 x Wk $ 385.35
Exhibit 1
Docusign Envelope ID: E433F391-9C57-44F4-AD93-390502F72800 Packet Page. 2272
Burrtec Waste Industries, Inc
City of San Bernardino
EXHIBIT 1
Current
Rates
Roll-Off - Service Only
- All Refuse Permanent - Plus Disposal $ 381.73
- All Refuse Temporary $ 615.90
incl Disp
- All Recycling (Different Materials) - Plus Disposal $ 381.73 - Waste to Energy - Plus Disposal n/a
Roll Off Retractable Lid Monthly Rental Fee n/a
Receiver n/a
Compactor Box n/a
Water Reclamation $ 131.00
Miscellaneous RO Compactor Repair (per hour) $ 76.21
Compactor Cleaning (each/single occurrence) $ 151.90
Dry Run / Relocate Roll Offs (Perm & Temp) $ 85.44
Roll Off Daily Rental Fee (Perm & Temp) $ 42.03
Stand By / Roll-Back Roll Offs (Perm & Temp) $ 154.58
per occurrence in excess of 15 min
End Dump Service (per Hour) n/a
Certificate of Destruction $ 127.03
Residential/Commercial
- Barrel Exchange (first Exchange free) charge does not apply to graffiti $ 17.24 or damaged barrels
Commercial
- Barrel Replacement comml-lost or stolen $ 85.16
Bin Services
- Bin Exchange (first Exchange free) charge does not apply to graffiti $ 86.22 or damaged bins
- Bin Replacement + actual cost of bin comml-lost or stolen $ 93.98 Bin Enclosure Cleaning (each/single occurrence) $ 42.33 Bin Steam Cleaning (each/single occurrence) $ 42.33
Pull Out Service - Backyard Barrel Frail/Handicap (Resi/MH/MF) N/C Extra Trash Barrel (Resi/MF/MH/Commercial) $ 14.77
Extra Recycling Barrel (Resi/MF/MH/) N/C
Extra Recycling Barrel (Com) $ 26.98
Extra Green Waste Barrel (Resi/MF only) $ 12.93
Pull Out Service - Bin (1-6 Yard) x1 $ 76.63
Temporary Bin (3 Yrd) - 7 Day use $ 78.60
Temp Bin Dump and Return $ 78.60
Clean-Up Service (per 15 min) $ 41.27
Recycling Contamination Barrel n/a
Recycling Contamination (each bin) $ 67.20
Extra Pick-Ups Bins - On Service Day
1 & 2 Yard (Trash/Recyc) $ 28.80
3 Yard (Trash/Recyc) $ 31.32
4 Yard (Trash/Recyc) $ 34.31
6 Yard (Trash/Recyc) $ 40.65
Extra Pick-Ups All Bins - On Non-Service Day (Trash) $ 51.25 Extra Pick-Ups All Bins - On Non-Service Day (Recyc) $ 39.87 Extra Pick-Ups Compactors (Trash)
2 Yard $ 31.32
3 & 4 Yard $ 34.31
Extra Pick-Up Barrel - Residential/Mobile Home $ 1 0.56 Extra Pick-Ups FW Bins $ 9 9.73
Extra Pick-Ups Barrel - FW $ 2 9.69
Tilhopper (3 yd) $ 3 4.18
Lock $ 2 0.16
Late set-out fee $ 3 2.74
Late Fee 1.5%
Shopping cart retrieval $ 2 5.00
Additional Services
Exhibit 1
Docusign Envelope ID: E433F391-9C57-44F4-AD93-390502F72800 Packet Page. 2273

CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: June 17, 2026
To: Honorable Mayor and City Council Members
From: Lynn Merrill, Director of Public Works; Azzam Jabsheh, Deputy Director of Public Works/City Engineer
Department: Public Works
Subject: Resolutions Adopting List of Projects under SB1 2026/2027 Road Maintenance Program, Recording
Supplemental Appropriations in the amount of
$6,260,418.00 (All Wards)
Recommendation:

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

1. Resolution No. 2026-090 approving the Road Maintenance and Rehabilitation proposed project list for submittal to the California Transportation Commission and adopting a list of projects for Fiscal Year 2026/27 to be funded by Senate Bill 1: Road Repair and Accountability Act of 2017; and

2. Resolution No. 2026-091 authorizing the Director of Finance and Management Services to amend the FY 2026/27 Capital Improvement Plan Revenue budget to allocate $6,260,418 in SB1 funding to the Pavement Rehabilitation for 36 Centerline Miles in the City of San Bernardino – Phase I (Project No. 13685) project.

City Manager's Comments
The City Manager requests City Council approval of the recommended SB1 proposed pavement rehabilitation project for FY 2026/27 comprising 36 centerline miles in the City.

Executive Summary
This report recommends that the Mayor and City Council adopt resolutions approving the City of San Bernardino’s FY 2026/27 list of road maintenance and rehabilitation Packet Page. 2274
projects eligible for funding under Senate Bill 1 (SB1), the Road Repair and Accountability Act of 2017. Approval is required to maintain the City’s eligibility to receive an estimated $6.26 million in Road Maintenance and Rehabilitation Account (RMRA) funding from the State. Additionally, the report seeks authorization for the Director of Finance to amend the FY 2026/27 Capital Improvement Plan budget to appropriate of $6.26 million in SB1 funds to support the Pavement Rehabilitation for 36 Centerline Miles in the City of San Bernardino – Phase I project. These improvements align with the City’s strategic goals for infrastructure asset management and address critical pavement maintenance needs identified in the City's pavement management plan.

Background
Senate Bill (SB) 1
On April 28, 2017, the Governor signed Senate Bill (SB) 1 (Beall, Chapter 5, Statute 2017), which is known as the Road Repair and Accountability Act of 2017 to address basic road maintenance, rehabilitation, and critical safety needs on both the state highway and local streets and road system. SB1 increases per gallon fuel excise taxes; increases diesel fuel sales taxes and vehicle registration fees; and provides for inflationary adjustments to tax rates in future years.

On November 1, 2017, the State Controller deposited various portions of new funding into the newly created Road Maintenance and Rehabilitation Account (RMRA). A percentage of the new RMRA funding was apportioned by formula to eligible cities and counties pursuant to Streets and Highways Code (SHC) Section 2032 (h) for basic road maintenance, rehabilitation, and critical safety projects on the local streets and road systems.
• Annually, on July 1st, the City of San Bernardino, along with all other eligible California agencies, submits a work plan to the California Transportation Commission (CTC) committing the following fiscal years RMRA funding to a specific pavement preservation project in the coming year or in a future year if the City so desires. The submission of the work plan maintains the City's eligibility to garner RMRA funding during the forthcoming fiscal year. Without this commitment of RMRA funds the City loses its eligibility to collect RMRA funding through the State Controller's Office (SCO).

Discussion
The City anticipates receiving an estimated $6,260,418 in SB1 funds in FY 2026/27, which will be used to support the repair, rehabilitation, and improvement of the City street segments identified on the SB1 FY 2026/27 project list. To remain eligible to receive such funds through RMRA program, the City, through its discretionary funds, is required to allocate at least $1,167,244 on an annual basis as MOE.

Packet Page. 2275
Every year on July 1st, the City is required to adopt a resolution identifying projects using RMRA allocation and submit this list of adopted projects to the State to meet the eligibility requirement to receive RMRA funds. If this is not done by July 1, the City loses its eligibility to collect RMRA funding.

The Road Maintenance and Rehabilitation Program (RMRP) Maintenance of Effort (MOE), established pursuant to Senate Bill 1 (SB 1) in 2017, requires the City of San Bernardino to annually expend no less than $1,167,244 as shown in the below table, from eligible discretionary revenue sources for street, road, and highway purposes.

Eligible discretionary revenues include unrestricted General Fund revenues, vehicle in-lieu tax revenues, and fines and forfeitures allocated for transportation-related purposes. The City’s MOE obligation is met through eligible expenditures programmed under various operating budget and Capital Improvement Program (CIP) line items.

Discretionary expenditures used to satisfy the MOE requirement are not required to be associated with the same projects funded with RMRP revenues; therefore, no additional City funds are required.

Staff recommends adding the following project to the SB 1/RMRA-funded project list so that it may be funded, in whole or in part, with Fiscal Year 2026/27 Road Maintenance and Rehabilitation Account (RMRA) revenues. The project includes asphalt roadway maintenance and rehabilitation (mill and overlay and slurry seal), concrete improvements, striping, and related work.

New Project Proposed for City Council Approval Under SB 1/RMRA Funding Project Included in the City's FY 2026/27 Capital Improvement Program (CIP) Proposed for Funding Under the SB 1 Road Maintenance Program:

Below is the list of project locations included in the SB 1 Road Maintenance Program project:

Pavement Rehabilitation for 36 Centerline Miles in the City of San Bernardino – Phase I (Project No: 13685): Various Locations across the city included North Parkway Blvd W, F Street, W 34th Steet, W 35th Street, Sepulveda Ave, Wall Ave, E Packet Page. 2276
14th Street, E 15th Street, Rialto Ave, and Other Locations. Complete list is outlined in attachment 3
The Project locations were selected based on the City’s most recent Pavement Management Program (PMP) analysis. The PMP evaluates current pavement conditions using established performance measures and identifies roadway segments most in need of maintenance or rehabilitation. The analysis also considers the most cost-effective treatment strategies to maximize the useful life of the City’s street network and ensure efficient use of available funding while helping to prevent more costly repairs in the future.

Staff recommends the appropriation of $6,260,418.00 from Senate Bill 1 (SB 1) funds and approval of the attached Resolutions identifying the proposed project to be funded under the Fiscal Year 2026/27 SB 1 Road Maintenance Program. 2021-2025 Strategic Targets and Goals
This project is consistent with Key Target No. 1d. Create a framework for spending decisions and 1f. Create an asset management plan. Approval of the proposed project list will allow staff to move forward in addressing deferred street maintenance needs identified in the pavement management plan, and secure project funding resources available through SB1/RMRA.

Fiscal Impact
There is no General Fund impact associated with this item. The City is projected to receive approximately $6,260,417 in RMRA (SB 1) funding for FY 2026/27. The required Maintenance of Effort (MOE) obligation is already satisfied through existing budgeted expenditures; therefore, no additional City funds are required.

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

1. Resolution No. 2026-090 approving the Road Maintenance and Rehabilitation proposed project list for submittal to the California Transportation Commission and adopting a list of projects for Fiscal Year 2026/27 to be funded by Senate Bill 1: Road Repair and Accountability Act of 2017; and

2. Resolution No. 2026-091 authorizing the Director of Finance and Management Services to amend the FY 2026/27 Capital Improvement Plan Revenue budget to allocate $6,260,418 in SB1 funding to the Pavement Rehabilitation for 36 Centerline Miles in the City of San Bernardino – Phase I (Project No. 13685) project.

Packet Page. 2277
Attachments
Attachment 1 Resolution No. 2026-090 Approving SB1 Project List for Submittal
Attachment 2 Resolution No. 2026-091 Amending FY 2026/27 Capital Improvement Plan
Attachment 3 Complete List of Pavement Rehabilitation Locations for 36 Centerline Miles Within the City of San Bernardino
Ward:

All Wards
Synopsis of Previous Council Actions:

June 4, 2025 Resolution 2025-306 approving the Road Maintenance and Rehabilitation proposed project list for submittal to the California Transportation Commission and adopting a list of projects for Fiscal Year 2025/26 to be funded by Senate Bill 1: Road Repair and Accountability Act of 2017.

July 3, 2024 Resolution 2024-146 approving the Road Maintenance and Rehabilitation proposed project list for submittal to the California Transportation Commission and adopting a list of projects for Fiscal Year 2024/25 to be funded by Senate Bill 1: Road Repair and Accountability Act of 2017.

June 26, 2023 Resolution 2023-091 approving the Road Maintenance and Rehabilitation proposed project list for submittal to the California Transportation Commission and adopting a list of projects for Fiscal Year 2023/24 to be funded by Senate Bill 1: Road Repair and Accountability Act of 2017.

June 1, 2022 Resolution 2022-110 Approving the Road Maintenance and Rehabilitation Proposed Projects list for Submittal to the California Transportation Commission: Adopting a list of projects for Fiscal Year 2022/2023 to be funded by Senate Bill 1: Road Repair and Accountability Act 2017
May 19, 2021 Resolution 2021-119 Approving the Road Maintenance and Rehabilitation Proposed Projects list for Submittal to the California Transportation Commission: Adopting a list of projects for Fiscal Year 2021/2022 to be funded by Senate Bill 1: Road Repair and Accountability Act 2017
April 15, 2020 Resolution 2020-67 Adopting a list of projects for Fiscal Year Packet Page. 2278
2020/21 to be funded by Senate Bill 1: The Road Repair and Accountability Act of 2017.

May 1, 2019 Resolution 2019-063 Adopting a list of projects for Fiscal Year 2019/20 Funded by Senate Bill 1 (SB1): The Road Repair and Accountability Act of 2017.

May 16, 2018 Resolution 2018-143 Approving a list of projects to receive Road Maintenance and Rehabilitation Account Funding.

December 20, 2017 Resolution 2017-242 Approving a list of projects to receive Road Maintenance and Rehabilitation Account Funding.

CC
Eric Levitt, City Manager
Packet Page. 2279
Resolution No. 2026-090
Resolution 2026-090
June 17, 2026

RESOLUTION NO. 2026-090

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

APPROVING THE ROAD MAINTENANCE AND

REHABILITATION PROPOSED PROJECT LIST FOR

SUBMITTAL TO THE CALIFORNIA TRANSPORTATION
COMMISSION; AND ADOPTING A LIST OF PROJECTS
FOR FISCAL YEAR 2026/27 TO BE FUNDED BY SENATE
BILL 1: ROAD REPAIR AND ACCOUNTABILITY ACT OF
2017
WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor in April 2017 to address the significant multi-modal transportation funding shortfalls statewide; and
WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of our City are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and
WHEREAS, the City must adopt by resolution a list of projects proposed to receive fiscal year funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1, which must include a description and the location of each proposed project, a proposed schedule for the project's completion, and the estimated useful life of the improvement; and WHEREAS, the City will receive an estimated $6,260,418 in RMRA funding in Fiscal Year 2026-27 from SB 1; and
WHEREAS, this is the 10th year in which the City is receiving SB 1 funding and will enable the City to continue essential road maintenance and rehabilitation projects, safety improvements, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB 1; and
WHEREAS, the City has undergone a robust public process to ensure public input into our community's transportation priorities/the project list; and WHEREAS, the City used a Pavement Management System to develop the SB 1 project list to ensure revenues are being used on the most high-priority and cost-effective projects that also meet the community’s priorities for transportation investment; and WHEREAS, the funding from SB 1 will help the City maintain and rehabilitate more than 50 streets, construct active transportation improvements including sidewalks, ADA ramps, and bike lanes throughout the City this year, and support another 50 similar projects in the future; and WHEREAS, the 2023 California Statewide Local Streets and Roads Needs Assessment found that the City's streets and roads are in an "at-risk" condition and this revenue will help us Packet Page. 2280
Resolution No. 2026-090
Resolution 2026-090
June 17, 2026

increase the overall quality of our road system and over the next decade will bring our streets and roads into better condition; and
WHEREAS, the SB 1 project list and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting-edge technology, materials and practices, will have significant positive co-benefits statewide.

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

SECTION 1. The foregoing recitals are true and correct.

SECTION 2. The following list of newly proposed project will be funded in-part or solely with Fiscal Year 2026-27 Road Maintenance and Rehabilitation Account revenues:

Project Title: Pavement Rehabilitation for 36 Centerline Miles in the City of San Bernardino – Phase I (Project No: 13685)
Project Description: Asphalt cold mill and overlay, and striping improvements.

Project Location: Various Locations across the City included North Parkway Blvd W, F Street, W 34th Steet, W 35th Street, Sepulveda Ave, Wall Ave, E 14th Street, E 15th Street, Rialto Ave, and Other Locations.

Estimated Project Schedule: Start (12/2026)- Completion (6/2027) Estimated Project Useful Life: 12-15 years
SECTION 3. As the decision-making body for the project, the City Council has reviewed and considered the information contained in the administrative record for the proposed project.

Based upon the facts and information contained in the administrative record, including all written and oral evidence presented to the City Council, the City Council finds, as follows:
(1) The administrative record has been completed in compliance with CEQA, the State CEQA Guidelines, and the City's Local CEQA Guidelines;
(2) The proposed project is exempt from the requirements of the California Environmental Quality Act pursuant to Section 15301 (Class 1 -Existing Facilities) of the CEQA Guidelines because it involves street rehabilitation. Additionally, the City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.
(3) The application of the Class 1 categorical exemption is not barred by one of the exceptions set forth in the CEQA Guidelines Section 15300.2 because Pavement Rehabilitation Resolution No. 2026-090 does not present any unusual circumstances; would not damage scenic resources, including any resources in the area of a Scenic Highway; would not be utilized on a hazardous waste site; and would not impact historic resources of any kind; and Packet Page. 2281
Resolution No. 2026-090
Resolution 2026-090
June 17, 2026

(4) The determination of CEQA exemption reflects the independent judgment of the City Council.

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

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

APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 17th day of June 2026.

Helen Tran, Mayor
City of San Bernardino
Attest:

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

Sonia Carvalho, City Attorney
Packet Page. 2282
Resolution No. 2026-090
Resolution 2026-090
June 17, 2026

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss

CITY OF SAN BERNARDINO )
I, Telicia Lopez, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2026-090, adopted at a regular meeting held on the 17th day of June 2026 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 18 th day of June 2026.

Telicia Lopez, CMC, City Clerk
Packet Page. 2283
Resolution No. 2026-091
Resolution 2026-091
June 17, 2026

RESOLUTION NO. 2026-091

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

AUTHORIZING THE DIRECTOR OF FINANCE TO
AMEND THE FY 2026/27 CAPITAL IMPROVEMENT PLAN

RECORDING SUPPLEMENTAL APPROPRIATIONS FOR

VARIOUS PROJECTS
WHEREAS, on April 28, 2017, the Governor signed Senate Bill (SB) 1 (Beall, Chapter 5, Statute 2017), which is known as the Road Repair and Accountability Act of 2017 to address basic road maintenance, rehabilitation, and critical safety needs on both the state highway and local streets and road system. SB1 increases per gallon fuel excise taxes; increases diesel fuel sales taxes and vehicle registration fees; and provides for inflationary adjustments to tax rates in future years; and
WHEREAS, the City of San Bernardino (“City”) developed a Five-Year Capital Improvement Program (CIP) consistent with the 2021-2025 Key Strategic Targets and Goals established by the Mayor and City Council; and
WHEREAS, this CIP is a five-year program that links the planning of capital improvements to realistic, reliable funding sources. This ensures that the planning and implementation of such projects are balanced within available resources; and WHEREAS, projects included in the CIP are based on an assessment of community needs, Mayor and City Council priorities and available funding. Capital projects relate to new construction, major improvements or rehabilitation of assets, or acquisition of a structure; and WHEREAS, CIP projects are reviewed and updated annually. Consideration is given to potential sources of funding, financing opportunities, and the value of the project using criteria including the protection of public health and safety, adherence to legal requirements, environmental quality, level of public support, return on investment, availability of financing, and relationship to Mayor and City Council Goals and Objectives; and WHEREAS, the City developed its FY 2026/27 Capital Improvement Plan; and WHEREAS, the FY 2026/27 Capital Improvement Plan requires a supplemental appropriation in the amount of $6,260,418.00 in SB1 Funds to fund Pavement Rehabilitation for 36 Centerline Miles in the City of San Bernardino – Phase I (Project No: 13685).

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.

Packet Page. 2284
Resolution No. 2026-091
Resolution 2026-091
June 17, 2026

SECTION 2. The Mayor and City Council hereby authorize the Director of Finance and Management Services to amend the FY 2026/27 Capital Improvement Plan, recording a supplemental appropriation in the amount of $6,260,418.00 in SB1 Fund for Pavement Rehabilitation for 36 Centerline Miles in the City of San Bernardino – Phase I (Project No: 13685).

SECTION 3. As the decision-making body for the project, the City Council has reviewed and considered the information contained in the administrative record for the proposed project. Based upon the facts and information contained in the administrative record, including all written and oral evidence presented to the City Council, the City Council finds, as follows:
(1) The administrative record has been completed in compliance with CEQA, the State CEQA Guidelines, and the City's Local CEQA Guidelines;
(2) The proposed project is exempt from the requirements of the California Environmental Quality Act pursuant to Section 15301 (Class I -Existing Facilities) of the CEQA Guidelines because it involves street rehabilitation. Additionally, the City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.
(3) The application of the Class 1 categorical exemption is not barred by one of the exceptions set forth in the CEQA Guidelines Section 15300.2 because Pavement Rehabilitation does not present any unusual circumstances; would not damage scenic resources, including any resources in the area of a Scenic Highway; would not be utilized on a hazardous waste site; and would not impact historic resources of any kind; and
(4) The determination of CEQA exemption reflects the independent judgment of the City Council.

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

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

APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 17th day of June 2026.

Helen Tran, Mayor
City of San Bernardino
Attest:

Packet Page. 2285
Resolution No. 2026-091
Resolution 2026-091
June 17, 2026

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

Sonia Carvalho, City Attorney
Packet Page. 2286
Resolution No. 2026-091
Resolution 2026-091
June 17, 2026

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss

CITY OF SAN BERNARDINO )
I, Telicia Lopez, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2026-091, adopted at a regular meeting held on the 17th day of June 2026 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 18 th day of June 2026.

Telicia Lopez, CMC, City Clerk
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Pavement Rehabilitation for 36 Centerline Miles in the City of San Bernardino Complete List for Phase I, II, III (2026-2028)
PAVEMENT IMPROVEMENT FOR 10.3 CENTERLINE MILES
TABLE 1 – PHASE I
# Street Name From To Council
Ward Project Period Maintenance District
2025
PCI Proposed Treatment
1 NORTHPARK BLVD MOUNTAIN DR H ST 4 PHASE I - 2026 1 12 Reconstruct Surface 2 NORTHPARK BLVD H ST MOUNTAIN DR 4 PHASE I - 2026 1 8 Reconstruct Surface 3 34TH ST E ST D ST 7 PHASE I - 2026 2 61 Reconstruct Surface 4 34TH ST D ST ARROWHEAD AVE 7 PHASE I - 2026 2 48 Reconstruct Surface 5 35TH ST E ST D ST 7 PHASE I - 2026 2 9 Reconstruct Surface 6 35TH ST F ST E ST 5 PHASE I - 2026 2 17 Reconstruct Surface 7 35TH ST D ST ARROWHEAD AVE 7 PHASE I - 2026 2 16 Reconstruct Surface 8 PERSHING AVE MARSHALL BLVD 33RD ST 7 PHASE I - 2026 3 68 Reconstruct Surface 9 PERSHING AVE 33RD ST 34TH ST 7 PHASE I - 2026 3 60 Reconstruct Surface 10 PERSHING AVE 34TH ST 35TH ST 7 PHASE I - 2026 3 9 Reconstruct Surface 11 PERSHING AVE 35TH ST 36TH ST 7 PHASE I - 2026 3 7 Reconstruct Surface 12 PERSHING AVE 36TH ST THOMPSON PL 7 PHASE I - 2026 3 7 Reconstruct Surface 13 PERSHING AVE THOMPSON PL EDGERTON DR 4 PHASE I - 2026 3 5 Reconstruct Surface 14 34TH ST ARROWHEAD AVE MOUNTAIN VIEW AVE 7 PHASE I - 2026 3 47 Reconstruct Surface 15 NORTHPARK BLVD F ST MAYFIELD AVE 4 PHASE I - 2026 3 22 Reconstruct Surface 16 NORTHPARK BLVD MAYFIELD AVE F ST 4 PHASE I - 2026 3 17 Reconstruct Surface 17 PERSHING AVE 41ST ST 43RD ST 4 PHASE I - 2026 3 9 Reconstruct Surface 18 PERSHING AVE 43RD ST 46TH ST 4 PHASE I - 2026 3 10 Reconstruct Surface 19 14TH ST WALL AVE BELLE ST 2 PHASE I - 2026 7 8 Reconstruct Surface 20 14TH ST SEPULVEDA AVE WALL AVE 2 PHASE I - 2026 7 8 Reconstruct Surface 21 15TH ST LUGO AVE SEPULVEDA AVE 2 PHASE I - 2026 7 10 Reconstruct Surface 22 15TH ST WALL AVE BELLE ST 2 PHASE I - 2026 7 8 Reconstruct Surface 23 15TH ST SEPULVEDA AVE WALL AVE 2 PHASE I - 2026 7 9 Reconstruct Surface 24 15TH ST SIERRA WAY LUGO AVE 2 PHASE I - 2026 7 1 Reconstruct Surface 25 SEPULVEDA AVE 17TH ST 18TH ST 2 PHASE I - 2026 7 12 Reconstruct Surface 26 SEPULVEDA AVE 13TH ST 14TH ST 2 PHASE I - 2026 7 19 Reconstruct Surface 27 SEPULVEDA AVE 15TH ST 16TH ST 2 PHASE I - 2026 7 15 Reconstruct Surface 28 SEPULVEDA AVE 14TH ST 15TH ST 2 PHASE I - 2026 7 21 Reconstruct Surface 29 SEPULVEDA AVE 16TH ST 17TH ST 2 PHASE I - 2026 7 15 Reconstruct Surface 30 WALL AVE 13TH ST 14TH ST 2 PHASE I - 2026 7 17 Reconstruct Surface 31 WALL AVE 14TH ST 15TH ST 2 PHASE I - 2026 7 18 Reconstruct Surface 32 WALL AVE 15TH ST 16TH ST 2 PHASE I - 2026 7 8 Reconstruct Surface 33 F ST 7TH ST 8TH ST 1 PHASE I - 2026 7 16 Reconstruct Surface 34 F ST 8TH ST 9TH ST 1 PHASE I - 2026 7 25 Reconstruct Surface 35 8TH ST G ST F ST 1 PHASE I - 2026 7 17 Reconstruct Surface 36 7TH ST VICTORIA AVE H ST 1 PHASE I - 2026 8 58 Thin Mill (2.0") and Overlay + BR 37 7TH ST H ST G ST 1 PHASE I - 2026 8 57 Thick Mill (2.5") and Overlay + BR 38 CHURCH ST E ST D ST 1 PHASE I - 2026 8 32 Thin Mill (2.0") and Overlay + BR 39 CRESCENT AVE 6TH ST 7TH ST 1 PHASE I - 2026 8 51 Thick Mill (2.5") and Overlay + BR 40 F ST 6TH ST 7TH ST 1 PHASE I - 2026 8 46 Thin Mill (2.0") and Overlay + BR 41 F ST 5TH ST 6TH ST 1 PHASE I - 2026 8 21 Thin Mill (2.0") and Overlay + BR 42 SPRUCE ST H ST G ST 1 PHASE I - 2026 8 23 Thick Mill (2.5") and Overlay + BR 43 SPRUCE ST CUL-DE-SAC (W) H ST 1 PHASE I - 2026 8 38 Thick Mill (2.5") and Overlay + BR 44 VICTORIA ST F ST E ST 1 PHASE I - 2026 8 13 Thick Mill (2.5") and Overlay + BR 45 VICTORIA ST 7TH ST KNUCKLE (W/ H ST) 1 PHASE I - 2026 8 61 Thin Mill (2.0") and Overlay + BR 46 VICTORIA ST KNUCKLE (W/ H ST) H ST 1 PHASE I - 2026 8 56 Thin Mill (2.0") and Overlay + BR 47 BRYANT ST LUGO AVE ALLEN ST 1 PHASE I - 2026 8 19 Reconstruct Surface 48 BRYANT ST ALLEN ST WATERMAN AVE 1 PHASE I - 2026 8 10 Reconstruct Surface 49 KINGMAN ST SEPULVEDA AVE INTEROCEAN AVE 1 PHASE I - 2026 8 23 Reconstruct Surface 50 KINGMAN ST INTEROCEAN AVE WATERMAN AVE 1 PHASE I - 2026 8 38 Reconstruct Surface 52 RIALTO AVE EUCALYPTUS AVE PEPPER AVE 3 PHASE I - 2026 9 28 Reconstruct Surface 53 RIALTO AVE PEPPER AVE MERIDIAN AVE 3 PHASE I - 2026 9 42 Reconstruct Surface 54 RIALTO AVE MERIDIAN AVE VIA SAN CARLOS 3 PHASE I - 2026 9 13 Reconstruct Surface 55 RIALTO AVE MERIDIAN AVE PEPPER AVE 6 PHASE I - 2026 9 45 Reconstruct Surface 56 RIALTO AVE VIA SAN CARLOS MERIDIAN AVE 6 PHASE I - 2026 9 15 Reconstruct Surface 57 RIALTO AVE PEPPER AVE CITY LIMITS (675' W/
PEPPER ST) 6 PHASE I - 2026 9 10 Reconstruct Surface
58 RIALTO AVE VIA SAN CARLOS RR TRACKS 3 PHASE I - 2026 9 31 Reconstruct Surface 59 RIALTO AVE RR TRACKS VIA SAN CARLOS 6 PHASE I - 2026 9 5 Reconstruct Surface 60 ANDREWS LN KIMBERLY CT ERIN WAY 3 PHASE I - 2026 10 35 Thick Mill (2.5") and Overlay + BR 61 BEVERLY DR WIER RD ERIN WAY 3 PHASE I - 2026 10 42 Thick Mill (2.5") and Overlay + BR 62 CARL PL KIMBERLY CT ERIN WAY 3 PHASE I - 2026 10 72 Thin Mill (2.0") and Overlay + BR 63 CAROL WAY HERITAGE LN MELISSA WAY 3 PHASE I - 2026 10 29 Thick Mill (2.5") and Overlay + BR 64 COMMERCIAL RD DARTMOUTH RD WATERFORD ST 3 PHASE I - 2026 10 67 Thin Mill (2.0") and Overlay + BR 65 COMMERCIAL RD WATERFORD ST FOXCROFT WAY 3 PHASE I - 2026 10 69 Thin Mill (2.0") and Overlay + BR 66 COMMERCIAL RD HUNTS LN DARTMOUTH RD 3 PHASE I - 2026 10 53 Thin Mill (2.0") and Overlay + BR 67 COMMERCIAL RD FOXCROFT WAY WATERMAN AVE 3 PHASE I - 2026 10 67 Thin Mill (2.0") and Overlay + BR Packet Page. 2288
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68 ERIN WAY BEVERLY DR CARL PL 3 PHASE I - 2026 10 49 Thin Mill (2.0") and Overlay + BR 69 ERIN WAY KIMBERLY CT BEVERLY DR 3 PHASE I - 2026 10 48 Thick Mill (2.5") and Overlay + BR 70 FOXCROFT WAY HERITAGE LN COMMERCIAL DR 3 PHASE I - 2026 10 49 Rubberized Cape Seal + 3% BR 71 HARWICK DR HUNTS LN ANNAPOLIS CIR 3 PHASE I - 2026 10 25 Thick Mill (2.5") and Overlay + BR 72 HARWICK DR ANNAPOLIS CIR WIER RD 3 PHASE I - 2026 10 25 Thick Mill (2.5") and Overlay + BR 73 HERITAGE LN HUNTS LN JACKSON RD 3 PHASE I - 2026 10 18 Thick Mill (2.5") and Overlay + BR 74 HERITAGE LN JACKSON RD FOXCROFT WAY 3 PHASE I - 2026 10 17 Thick Mill (2.5") and Overlay + BR 75 HERITAGE LN FOXCROFT WAY WIER RD 3 PHASE I - 2026 10 21 Thick Mill (2.5") and Overlay + BR 76 KIMBERLY CT ERIN WAY CARL PL 3 PHASE I - 2026 10 37 Thick Mill (2.5") and Overlay + BR 77 MANCHESTER LN FOXCROFT WAY MELINDA LN 3 PHASE I - 2026 10 45 Rubberized Cape Seal + 3% BR 78 MANCHESTER LN MELINDA LN MELISSA WAY 3 PHASE I - 2026 10 43 Rubberized Cape Seal + 3% BR 79 MELINDA LN YOUNG CT MANCHESTER LN 3 PHASE I - 2026 10 43 Rubberized Cape Seal + 3% BR 80 MELISSA WAY CAROL WAY MANCHESTER LN 3 PHASE I - 2026 10 23 Thick Mill (2.5") and Overlay + BR 81 MOLLY DR WIER RD ERIN WAY 3 PHASE I - 2026 10 30 Thin Mill (2.0") and Overlay + BR 82 YOUNG CT CAROL WAY CUL-DE-SAC 3 PHASE I - 2026 10 48 Rubberized Cape Seal + 3% BR Packet Page. 2289
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PAVEMENT IMPROVEMENT FOR 11 CENTERLINE MILES
TABLE 2 – PHASE II
# Street Name From To Council
Ward Project Period Maintenance District
2025
PCI Proposed Treatment
1 ACORN CIR WISTERIA AVE CUL-DE-SAC 5 PHASE II - 2027 1 65 Rubberized Cape Seal + 3% BR 2 ASHLEY CT OHIO AVE CUL-DE-SAC 5 PHASE II - 2027 1 83 Crack Seal + Slurry Seal 3 ASHTON CT REDWOOD ST CUL-DE-SAC 5 PHASE II - 2027 1 93 Crack Seal + Slurry Seal 4 AUBREY PL BELMONT AVE CUL-DE-SAC 5 PHASE II - 2027 1 85 Crack Seal + Slurry Seal 5 AUBREY PL MACLAY ST BELMONT AVE 5 PHASE II - 2027 1 58 Rubberized Cape Seal + 3% BR 6 AZALEA AVE BEECHWOOD AVE OHIO AVE 5 PHASE II - 2027 1 72 Crack Seal + Slurry Seal 7 BEECHWOOD AVE PINE AVE OHIO AVE 5 PHASE II - 2027 1 68 Rubberized Cape Seal + 3% BR 8 BELMONT AVE PINE AVE CUL-DE-SAC 5 PHASE II - 2027 1 60 Rubberized Cape Seal + 3% BR 9 BRENDA LN OHIO AVE VENTURA AVE 5 PHASE II - 2027 1 75 Crack Seal + Slurry Seal 10 BRENDA LN REDWOOD ST OHIO AVE 5 PHASE II - 2027 1 73 Crack Seal + Slurry Seal 11 BRIARWOOD CT BRENDA LN VENTURA AVE 5 PHASE II - 2027 1 73 Crack Seal + Slurry Seal 12 BRIARWOOD CT AZALEA AVE CUL-DE-SAC 5 PHASE II - 2027 1 78 Crack Seal + Slurry Seal 13 CINCINNATI CT BRENDA LN CUL-DE-SAC 5 PHASE II - 2027 1 74 Crack Seal + Slurry Seal 14 HONEYSUCKLE LN IRVINGTON AVE SUNFLOWER AVE 5 PHASE II - 2027 1 37 Thin Mill (2.0") and Overlay + BR 15 HONEYSUCKLE LN POPPY DR ROSEMARY LN 5 PHASE II - 2027 1 67 Rubberized Cape Seal + 3% BR 16 HYATT RD MACLAY ST SHEPHERD DR 5 PHASE II - 2027 1 61 Rubberized Cape Seal + 3% BR 17 LAURA LN IRVINGTON AVE MIMOSA DR 5 PHASE II - 2027 1 63 Thin Mill (2.0") and Overlay + BR 18 MACLAY ST BELMONT AVE AUBREY PL 5 PHASE II - 2027 1 58 Rubberized Cape Seal + 3% BR 19 MACLAY ST IRVINGTON AVE SHEPHERD DR 5 PHASE II - 2027 1 58 Thick Mill (2.5") and Overlay + BR 20 MIMOSA DR WALNUT AVE LAURA LN 5 PHASE II - 2027 1 62 Thin Mill (2.0") and Overlay + BR 21 PERIWINKLE DR ROBIN LN HONEYSUCKLE LN 5 PHASE II - 2027 1 68 Rubberized Cape Seal + 3% BR 22 POPPY DR PINE AVE VERBENA LN 5 PHASE II - 2027 1 73 Crack Seal + Slurry Seal 23 REDWOOD ST BEECHWOOD AVE AZALEA AVE 5 PHASE II - 2027 1 73 Crack Seal + Slurry Seal 24 REDWOOD ST PINE AVE BRENDA LN 5 PHASE II - 2027 1 87 Crack Seal + Slurry Seal 25 ROBIN LN PERIWINKLE DR ROSEMARY LN 5 PHASE II - 2027 1 70 Crack Seal + Slurry Seal 26 ROBIN RD IRVINGTON AVE CUL-DE-SAC 5 PHASE II - 2027 1 39 Thin Mill (2.0") and Overlay + BR 27 ROSEMARY LN WALNUT AVE HONEYSUCKLE LN 5 PHASE II - 2027 1 69 Rubberized Cape Seal + 3% BR 28 SHEPHERD DR HYATT RD PINE AVE 5 PHASE II - 2027 1 54 Rubberized Cape Seal + 3% BR 29 SHEPHERD DR IRVINGTON AVE HYATT RD 5 PHASE II - 2027 1 49 Rubberized Cape Seal + 3% BR 30 SUNFLOWER AVE MACLAY ST SHEPHERD DR 5 PHASE II - 2027 1 61 Rubberized Cape Seal + 3% BR 31 SUNFLOWER AVE VERBENA LN HONEYSUCKLE LN 5 PHASE II - 2027 1 33 Thin Mill (2.0") and Overlay + BR 32 VENTURA AVE BRIARWOOD CT CUL-DE-SAC 5 PHASE II - 2027 1 70 Crack Seal + Slurry Seal 33 VERBENA LN SUNFLOWER AVE POPPY DR 5 PHASE II - 2027 1 32 Thin Mill (2.0") and Overlay + BR 34 WISTERIA AVE WALNUT AVE BELMONT AVE 5 PHASE II - 2027 1 66 Rubberized Cape Seal + 3% BR 35 HIGHLAND AVE CENTRAL AVE PEPPER DR 4 PHASE II - 2027 4 53 Reconstruct Surface 36 HIGHLAND AVE STATE HOSPITAL CENTRAL AVE 4 PHASE II - 2027 4 15 Reconstruct Surface 37 HIGHLAND AVE PEPPER DR ORANGE ST 4 PHASE II - 2027 4 11 Reconstruct Surface 38 HIGHLAND AVE ORANGE ST PALM AVE 4 PHASE II - 2027 4 18 Reconstruct Surface 39 HIGHLAND AVE ORANGE ST PEPPER DR 4 PHASE II - 2027 4 17 Reconstruct Surface 40 HIGHLAND AVE CENTRAL AVE STATE HOSPITAL 4 PHASE II - 2027 4 19 Reconstruct Surface 41 HIGHLAND AVE PALM AVE ORANGE ST 4 PHASE II - 2027 4 43 Reconstruct Surface 42 HIGHLAND AVE PEPPER DR CENTRAL AVE 4 PHASE II - 2027 4 28 Reconstruct Surface 43 HIGHLAND AVE REAL JOURNEY (SHOPPING
CNTR) VICTORIA AVE 4
PHASE II - 2027 4 37 Reconstruct Surface
44 HIGHLAND AVE CITY LIMITS (650' W/ STATE
HOSPITAL) STATE HOSPITAL 4
PHASE II - 2027 4 15 Reconstruct Surface
45 HIGHLAND AVE STATE HOSPITAL REAL JOURNEY
(SHOPPING CNTR) 4
PHASE II - 2027 4 27 Reconstruct Surface
46 MUSCUPIABE DR MIRADA RD COLIMA RD (CA210) 7
PHASE II - 2027 5 7 Reconstruct Surface
47 MUSCUPIABE DR COLIMA RD (CA-210) MIRADA RD 2 PHASE II - 2027 5 19 Reconstruct Surface 48 MUSCUPIABE DR 27TH ST MIRADA RD 7 PHASE II - 2027 5 8 Reconstruct Surface 49 MUSCUPIABE DR MIRADA RD 27TH ST 2 PHASE II - 2027 5 11 Reconstruct Surface 50 14TH ST PERRIS ST I ST 6 PHASE II - 2027 6 9 Reconstruct Surface 51 14TH ST MASSACHUSETTS AVE PERRIS ST 6 PHASE II - 2027 6 53 Reconstruct Surface 52 14TH ST GARNER AVE MASSACHUSETTS
AVE 6
PHASE II - 2027 6 34 Reconstruct Surface
53 15TH ST PERRIS ST J ST 6 PHASE II - 2027 6 13 Reconstruct Surface 54 15TH ST MASSACHUSETTS AVE PERRIS ST 6 PHASE II - 2027 6 41 Reconstruct Surface 55 15TH ST GARNER AVE MASSACHUSETTS
AVE 6
PHASE II - 2027 6 47 Reconstruct Surface
56 15TH ST J ST I ST 6 PHASE II - 2027 6 9 Reconstruct Surface 57 EVANS ST PERRIS ST J ST 6 PHASE II - 2027 6 35 Reconstruct Surface 58 EVANS ST MASSACHUSETTS AVE PERRIS ST 6 PHASE II - 2027 6 38 Reconstruct Surface 59 EVANS ST J ST I ST 6 PHASE II - 2027 6 10 Reconstruct Surface 60 EVANS ST GARNER AVE MASSACHUSETTS
AVE 6
PHASE II - 2027 6 42 Reconstruct Surface
61 MAGNOLIA AVE J ST I ST 6 PHASE II - 2027 6 57 Reconstruct Surface 62 MAGNOLIA AVE PERRIS ST J ST 6 PHASE II - 2027 6 41 Reconstruct Surface 63 MAGNOLIA AVE GARNER AVE MASSACHUSETTS
AVE 6
PHASE II - 2027 6 25 Reconstruct Surface
64 MAGNOLIA AVE MASSACHUSETTS AVE PERRIS ST 6 PHASE II - 2027 6 30 Reconstruct Surface 65 WATERMAN AVE 4TH ST
CITY LIMITS (140'

N/ MONTEREY
AVE)
1 PHASE II - 2027
8 51 Reconstruct Surface
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66 WATERMAN AVE RIALTO AVE 2ND ST 1 PHASE II - 2027 8 54 Reconstruct Surface 67 WATERMAN AVE 2ND ST 3RD ST 1 PHASE II - 2027 8 51 Reconstruct Surface 68 WATERMAN AVE 3RD ST 2ND ST 1 PHASE II - 2027 8 39 Reconstruct Surface 69 WATERMAN AVE 2ND ST RIALTO AVE 1 PHASE II - 2027 8 18 Reconstruct Surface 70 WATERMAN AVE 5TH ST 4TH ST 1 PHASE II - 2027 8 25 Reconstruct Surface 71 WATERMAN AVE 4TH ST 3RD ST 1 PHASE II - 2027 8 24 Reconstruct Surface 72 WATERMAN AVE PVMNT CHNGE (1070' N/
VALLEY ST) RIALTO AVE 1
PHASE II - 2027 8 36 Reconstruct Surface
73 WATERMAN AVE RIALTO AVE

PVMNT CHNGE
(1070' N/ VALLEY
ST)
1 PHASE II - 2027
8 37 Reconstruct Surface
74 BELDEN ST LOS ROBLES AVE JEFFERSON ST 3 PHASE II - 2027 9 68 Rubberized Cape Seal + 3% BR 75 BELDEN ST JEFFERSON ST COLLEGE DR 3 PHASE II - 2027 9 71 Rubberized Cape Seal + 3% BR 76 CARDAMON ST MERIDIAN AVE DALLAS AVE 3 PHASE II - 2027 9 74 Crack Seal + Slurry Seal 77 COLLEGE DR SUTTER AVE DALLAS AVE 3 PHASE II - 2027 9 58 Rubberized Cape Seal + 3% BR 78 COLLEGE DR BELDEN ST MERIDIAN AVE 3 PHASE II - 2027 9 61 Rubberized Cape Seal + 3% BR 79 DALLAS AVE RANDALL AVE CARDAMON ST 3 PHASE II - 2027 9 69 Crack Seal + Slurry Seal 80 DALLAS AVE LOS ROBLES AVE PLEASANT WAY 3 PHASE II - 2027 9 76 Crack Seal + Slurry Seal 81 DALLAS AVE PLEASANT WAY COLLEGE DR 3 PHASE II - 2027 9 61 Crack Seal + Slurry Seal 82 ESPERANZA ST BELDEN ST MERIDIAN AVE 3 PHASE II - 2027 9 56 Rubberized Cape Seal + 3% BR 83 JEFFERSON AVE BELDEN ST MERIDIAN AVE 3 PHASE II - 2027 9 66 Rubberized Cape Seal + 3% BR 84 LASSEN AVE PLEASANT WAY CUL-DE-SAC 3 PHASE II - 2027 9 65 Rubberized Cape Seal + 3% BR 85 LASSEN AVE LOS ROBLES AVE CUL-DE-SAC 3 PHASE II - 2027 9 59 Rubberized Cape Seal + 3% BR 86 LOS ROBLES AVE BELDEN ST MERIDIAN AVE 3 PHASE II - 2027 9 69 Rubberized Cape Seal + 3% BR 87 LOS ROBLES AVE MERIDIAN AVE DALLAS AVE 3 PHASE II - 2027 9 58 Rubberized Cape Seal + 3% BR 88 MARVIN DR LOS ROBLES AVE PLEASANT WAY 3 PHASE II - 2027 9 72 Rubberized Cape Seal + 3% BR 89 PLEASANT CT BELDEN ST CUL-DE-SAC 3 PHASE II - 2027 9 68 Rubberized Cape Seal + 3% BR 90 PLEASANT WAY SUTTER AVE DALLAS AVE 3 PHASE II - 2027 9 49 Rubberized Cape Seal + 3% BR 91 PLEASANT WAY MERIDIAN AVE SUTTER AVE 3 PHASE II - 2027 9 49 Rubberized Cape Seal + 3% BR 92 SUTTER AVE LOS ROBLES AVE CUL-DE-SAC (N) 3 PHASE II - 2027 9 73 Crack Seal + Slurry Seal 93 SUTTER AVE PLEASANT WAY COLLEGE DR 3 PHASE II - 2027 9 59 Rubberized Cape Seal + 3% BR Packet Page. 2291
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PAVEMENT IMPROVEMENT FOR 15.3 CENTERLINE MILES
TABLE 3 – PHASE III
# Street Name From To Council
Ward Project Period Maintenance District
2025
PCI Proposed Treatment
1 31ST PL ROBERTSON AVE CUL-DE-SAC 5 PHASE III - 2028 2 70 Crack Seal + Slurry Seal 2 31ST ST PICO AVE MIRAMONTE DR 5 PHASE III - 2028 2 67 Rubberized Cape Seal + 3% BR 3 BUSSEY ST HERRINGTON AVE MIRAMONTE DR 5 PHASE III - 2028 2 71 Crack Seal + Slurry Seal 4 BUSSEY ST LITTLE MOUNTAIN DR PICO AVE 5 PHASE III - 2028 2 67 Rubberized Cape Seal + 3% BR 5 HERRINGTON AVE 30TH ST 31ST ST 5 PHASE III - 2028 2 62 Rubberized Cape Seal + 3% BR 6 HERRINGTON AVE 31ST ST MARSHALL BLVD 5 PHASE III - 2028 2 68 Rubberized Cape Seal + 3% BR 7 LOMITA CT ROBERDS AVE CUL-DE-SAC 5 PHASE III - 2028 2 34 Rubberized Cape Seal + 3% BR 8 LOMITA RD HERRINGTON AVE MIRAMONTE DR 5 PHASE III - 2028 2 65 Rubberized Cape Seal + 3% BR 9 PICO AVE 30TH ST BUSSEY ST 5 PHASE III - 2028 2 59 Rubberized Cape Seal + 3% BR 10 ROBERDS AVE 30TH ST BUSSEY ST 5 PHASE III - 2028 2 62 Rubberized Cape Seal + 3% BR 11 38TH ST WATERMAN AVE PARKSIDE DR 7 PHASE III - 2028 3 69 Rubberized Cape Seal + 3% BR 12 39TH ST BROADMOOR BLVD PARKSIDE DR 7 PHASE III - 2028 3 71 Crack Seal + Slurry Seal 13 39TH ST VALENCIA AVE SAN GABRIEL ST 7 PHASE III - 2028 3 70 Crack Seal + Slurry Seal 14 39TH ST KENWOOD AVE VALENCIA AVE 7 PHASE III - 2028 3 68 Rubberized Cape Seal + 3% BR 15 39TH ST 39TH ST (LOOP) 39TH ST (LOOP) 7 PHASE III - 2028 3 70 Crack Seal + Slurry Seal 16 AVERY ST PARKSIDE DR VALENCIA AVE 7 PHASE III - 2028 3 53 Rubberized Cape Seal + 3% BR 17 AVERY ST VALENCIA AVE EAST END 7 PHASE III - 2028 3 54 Rubberized Cape Seal + 3% BR 18 AVERY ST BROADMOOR BLVD PARKSIDE DR 7 PHASE III - 2028 3 70 Crack Seal + Slurry Seal 19 BROADMOOR BLVD RALSTON AVE SONORA ST 7 PHASE III - 2028 3 55 Rubberized Cape Seal + 3% BR 20 BROADMOOR BLVD AVERY ST 39TH ST 7 PHASE III - 2028 3 71 Crack Seal + Slurry Seal 21 ECHO CT PARKSIDE DR CUL-DE-SAC (E) 7 PHASE III - 2028 3 72 Crack Seal + Slurry Seal 22 ECHO CT PARKSIDE DR CUL-DE-SAC (W) 7 PHASE III - 2028 3 71 Crack Seal + Slurry Seal 23 FAIRMOUNT DR MAYWOOD AVE VALENCIA AVE 7 PHASE III - 2028 3 70 Crack Seal + Slurry Seal 24 FREMONTIA DR AVERY CT CUL-DE-SAC 7 PHASE III - 2028 3 69 Rubberized Cape Seal + 3% BR 25 KENWOOD AVE AVERY ST 39TH ST 7 PHASE III - 2028 3 66 Rubberized Cape Seal + 3% BR 26 MAYWOOD AVE PARKSIDE DR VALENCIA AVE 7 PHASE III - 2028 3 71 Rubberized Cape Seal + 3% BR 27 MAYWOOD CT MAYWOOD AVE CUL-DE-SAC 7 PHASE III - 2028 3 71 Rubberized Cape Seal + 3% BR 28 PALMCROFT BLVD PARKDALE DR MAYWOOD AVE 7 PHASE III - 2028 3 68 Rubberized Cape Seal + 3% BR 29 PARKSIDE DR RALSTON AVE 40TH ST 7 PHASE III - 2028 3 70 Crack Seal + Slurry Seal 30 PARKSIDE DR PARKDALE DR ECHO CT 7 PHASE III - 2028 3 70 Crack Seal + Slurry Seal 31 PARKSIDE DR ECHO CT RALSTON AVE 7 PHASE III - 2028 3 69 Crack Seal + Slurry Seal 32 PEPPER TREE LN AVERY ST CUL-DE-SAC 7 PHASE III - 2028 3 61 Rubberized Cape Seal + 3% BR 33 RALSTON AVE PARKSIDE DR VALENCIA AVE 7 PHASE III - 2028 3 57 Rubberized Cape Seal + 3% BR 34 RALSTON AVE VALENCIA AVE SAN GABRIEL ST 7 PHASE III - 2028 3 56 Rubberized Cape Seal + 3% BR 35 RALSTON AVE BROADMOOR BLVD PARKSIDE DR 7 PHASE III - 2028 3 55 Rubberized Cape Seal + 3% BR 36 RALSTON AVE RALSTON AVE (LOOP) RALSTON AVE
(LOOP) 7
PHASE III - 2028 3 49 Rubberized Cape Seal + 3% BR
37 SAN GABRIEL CT 39TH ST CUL-DE-SAC 7 PHASE III - 2028 3 36 Crack Seal + Slurry Seal 38 SAN GABRIEL ST SONORA ST 40TH ST 7 PHASE III - 2028 3 56 Rubberized Cape Seal + 3% BR 39 SAN GABRIEL ST 39TH ST RALSTON AVE 7 PHASE III - 2028 3 55 Rubberized Cape Seal + 3% BR 40 SONORA ST BROADMOOR BLVD PARKSIDE DR 7 PHASE III - 2028 3 60 Rubberized Cape Seal + 3% BR 41 SONORA ST VALENCIA AVE SAN GABRIEL ST 7 PHASE III - 2028 3 54 Rubberized Cape Seal + 3% BR 42 SONORA ST PARKSIDE DR VALENCIA AVE 7 PHASE III - 2028 3 56 Rubberized Cape Seal + 3% BR 43 17TH ST COLWYN AVE DUNDEE AVE 4 PHASE III - 2028 4 38 Thin Mill (2.0") and Overlay + BR 44 17TH ST OLIVE ST BANGOR AVE 4 PHASE III - 2028 4 47 Thin Mill (2.0") and Overlay + BR 45 ATLANTIC AVE OLIVE ST DUNDEE AVE 4 PHASE III - 2028 4 52 Thin Mill (2.0") and Overlay + BR 46 BANGOR AVE 17TH ST ATLANTIC AVE 4 PHASE III - 2028 4 69 Thick Mill (2.5") and Overlay + BR 47 CLIFTON AVE CENTRAL AVE ORANGE ST 4 PHASE III - 2028 4 62 Thin Mill (2.0") and Overlay + BR 48 COLWYN AVE PACIFIC ST ATLANTIC AVE 4 PHASE III - 2028 4 56 Thick Mill (2.5") and Overlay + BR 49 DUNDEE AVE 17TH ST ATLANTIC AVE 4 PHASE III - 2028 4 50 Thick Mill (2.5") and Overlay + BR 50 LILLIAN LN CLIFTON AVE CUL-DE-SAC 4 PHASE III - 2028 4 67 Rubberized Cape Seal + 3% BR 51 OLIVE ST PACIFIC ST ATLANTIC AVE 4 PHASE III - 2028 4 39 Thick Mill (2.5") and Overlay + BR 52 OLIVE TREE LN CLIFTON AVE CUL-DE-SAC 4 PHASE III - 2028 4 70 Rubberized Cape Seal + 3% BR 53 PEPPER CT CLIFTON AVE CUL-DE-SAC 4 PHASE III - 2028 4 69 Rubberized Cape Seal + 3% BR 54 VILLA CT CLIFTON AVE CUL-DE-SAC 4 PHASE III - 2028 4 71 Rubberized Cape Seal + 3% BR 55 28TH ST TURRILL AVE DAVIDSON AVE 2 PHASE III - 2028 5 55 Rubberized Cape Seal + 3% BR 56 28TH ST CUL-DE-SAC (W) TURILL AVE 2 PHASE III - 2028 5 57 Crack Seal + Slurry Seal 57 29TH ST MIRAMONTE DR TURRILL AVE 2 PHASE III - 2028 5 55 Rubberized Cape Seal + 3% BR 58 ALEXANDER AVE LITTLE MOUNTAIN DR DAVIDSON AVE 2 PHASE III - 2028 5 70 Crack Seal + Slurry Seal 59 DAVIDSON AVE OAKWOOD DR COLIMA RD 2 PHASE III - 2028 5 73 Crack Seal + Slurry Seal 60 DAVIDSON AVE 28TH ST OAKWOOD DR 2 PHASE III - 2028 5 71 Crack Seal + Slurry Seal 61 DAVIDSON AVE 27TH ST 28TH ST 2 PHASE III - 2028 5 70 Crack Seal + Slurry Seal 62 GARNER AVE OAKWOOD DR COLIMA RD 2 PHASE III - 2028 5 71 Crack Seal + Slurry Seal 63 MIRADA RD SERRANO RD MUSCUPIABE DR 2 PHASE III - 2028 5 58 Rubberized Cape Seal + 3% BR 64 MIRADA RD MIRAMONTE DR TURRILL AVE 2 PHASE III - 2028 5 70 Crack Seal + Slurry Seal 65 OAKWOOD DR TURRILL AVE DAVIDSON AVE 2 PHASE III - 2028 5 62 Rubberized Cape Seal + 3% BR 66 OAKWOOD DR MIRAMONTE DR TURRILL AVE 2 PHASE III - 2028 5 54 Rubberized Cape Seal + 3% BR 67 SERRANO RD MIRADA RD COLIMA RD 2 PHASE III - 2028 5 70 Crack Seal + Slurry Seal 68 SERRANO RD 27TH ST MIRADA RD 2 PHASE III - 2028 5 71 Crack Seal + Slurry Seal 69 TURRILL AVE 28TH ST OAKWOOD DR 2 PHASE III - 2028 5 55 Rubberized Cape Seal + 3% BR 70 TURRILL AVE OAKWOOD DR COLIMA RD 2 PHASE III - 2028 5 52 Rubberized Cape Seal + 3% BR 71 ADAMS ST SAN CARLO AVE SAN ANSELMO AVE 6 PHASE III - 2028 6 46 Rubberized Cape Seal + 3% BR 72 ADAMS ST SAN ANSELMO AVE MACY ST 6 PHASE III - 2028 6 25 Thin Mill (2.0") and Overlay + BR 73 DONALD ST DUFFY ST SAN ANSELMO AVE 6 PHASE III - 2028 6 70 Crack Seal + Slurry Seal Packet Page. 2292
| P a g e 6
74 DUFFY ST MESA ST SAN ANSELMO CT 6 PHASE III - 2028 6 69 Rubberized Cape Seal + 3% BR 75 DUFFY ST DONALD ST MESA ST 6 PHASE III - 2028 6 69 Rubberized Cape Seal + 3% BR 76 DUFFY ST SAN ANSELMO CT
CITY LIMITS (160'

N/ SAN ANSELMO
AVE)
6 PHASE III - 2028
6 70 Rubberized Cape Seal + 3% BR
77 MESA ST SAN ANSELMO AVE CITY LIMITS (150'
E/ SAN ANSELMO) 6
PHASE III - 2028 6 15 Thin Mill (2.0") and Overlay + BR 78 MESA ST SAN CARLO AVE SAN ANSELMO AVE 6 PHASE III - 2028 6 55 Crack Seal + Slurry Seal 79 MESA ST DUFFY ST SAN CARLO AVE 6 PHASE III - 2028 6 55 Rubberized Cape Seal + 3% BR 80 SAN ANSELMO AVE MESA ST DUFFY ST 6 PHASE III - 2028 6 54 Rubberized Cape Seal + 3% BR 81 SAN ANSELMO AVE DONALD ST ADAMS ST 6 PHASE III - 2028 6 56 Rubberized Cape Seal + 3% BR 82 SAN ANSELMO AVE ADAMS ST MESA ST 6 PHASE III - 2028 6 52 Rubberized Cape Seal + 3% BR 83 SAN ANSELMO CT DUFFY ST CUL-DE-SAC 6 PHASE III - 2028 6 54 Crack Seal + Slurry Seal 84 SAN BENITO CT ADAMS ST CUL-DE-SAC 6 PHASE III - 2028 6 55 Rubberized Cape Seal + 3% BR 85 SAN CARLO AVE MESA ST SAN ANSELMO AVE 6 PHASE III - 2028 6 69 Rubberized Cape Seal + 3% BR 86 SAN CARLO AVE ADAMS ST MESA ST 6 PHASE III - 2028 6 69 Rubberized Cape Seal + 3% BR 87 SAN CARLO CT SAN CARLO AVE CUL-DE-SAC 6 PHASE III - 2028 6 55 Rubberized Cape Seal + 3% BR 88 10TH ST SIERRA WAY WALL AVE 1 PHASE III - 2028 7 21 Thin Mill (2.0") and Overlay + BR 89 10TH ST MOUNTAIN VIEW AVE SIERRA WAY 1 PHASE III - 2028 7 59 Thin Mill (2.0") and Overlay + BR 90 10TH ST WALL AVE WATERMAN AVE 1 PHASE III - 2028 7 34 Thick Mill (2.5") and Overlay + BR 91 11TH ST SEPULVEDA AVE WALL AVE 1 PHASE III - 2028 7 55 Thin Mill (2.0") and Overlay + BR 92 11TH ST MOUNTAIN VIEW AVE SIERRA WAY 1 PHASE III - 2028 7 41 Thin Mill (2.0") and Overlay + BR 93 11TH ST SIERRA WAY SEPULVEDA AVE 1 PHASE III - 2028 7 52 Thin Mill (2.0") and Overlay + BR 94 11TH ST WALL AVE WATERMAN AVE 1 PHASE III - 2028 7 52 Thick Mill (2.5") and Overlay + BR 95 LUGO AVE 11TH ST BASELINE ST 1 PHASE III - 2028 7 61 Thin Mill (2.0") and Overlay + BR 96 OLIVE ST SIERRA WAY WALL AVE 1 PHASE III - 2028 7 68 Thin Mill (2.0") and Overlay + BR 97 OLIVE ST MOUNTAIN VIEW AVE SIERRA WAY 1 PHASE III - 2028 7 51 Thin Mill (2.0") and Overlay + BR 98 OLIVE ST WALL AVE WATERMAN AVE 1 PHASE III - 2028 7 19 Thick Mill (2.5") and Overlay + BR 99 ORANGE ST MOUNTAIN VIEW AVE SIERRA WAY 1 PHASE III - 2028 7 28 Thick Mill (2.5") and Overlay + BR 100 ORANGE ST WALL AVE WATERMAN AVE 1 PHASE III - 2028 7 34 Thin Mill (2.0") and Overlay + BR 101 SEPULVEDA AVE 11TH ST BASELINE ST 1 PHASE III - 2028 7 61 Thin Mill (2.0") and Overlay + BR 102 WALL AVE 10TH ST 11TH ST 1 PHASE III - 2028 7 27 Thin Mill (2.0") and Overlay + BR 103 WALL AVE 11TH ST BASELINE ST 1 PHASE III - 2028 7 25 Thin Mill (2.0") and Overlay + BR 104 COULSTON ST BARRINGTON PL RICHARDSON ST 3 PHASE III - 2028 10 40 Reconstruct Surface 105 COULSTON ST JASMINE CT CURTIS ST 3 PHASE III - 2028 10 19 Reconstruct Surface 106 COULSTON ST CURTIS ST ROSENA AVE 3 PHASE III - 2028 10 12 Reconstruct Surface 107 COULSTON ST TIPPECANOE AVE FERRE ST 3 PHASE III - 2028 10 20 Reconstruct Surface 108 COULSTON ST FERREE ST BARRINGTON PL 3 PHASE III - 2028 10 38 Reconstruct Surface 109 COULSTON ST ROSENA AVE MOUNTAIN VIEW
AVE 3
PHASE III - 2028 10 9 Reconstruct Surface
110 COULSTON ST RICHARDSON ST JASMIN CT 3 PHASE III - 2028 10 46 Reconstruct Surface 111 COULSTON ST JASMIN CT RICHARDSON ST 3 PHASE III - 2028 10 24 Reconstruct Surface 112 COULSTON ST CURTIS ST JASMINE CT 3 PHASE III - 2028 10 37 Reconstruct Surface 113 COULSTON ST ROSENA AVE CURTIS ST 3 PHASE III - 2028 10 27 Reconstruct Surface 114 CURTIS ST COULSTON ST GOULD ST 3 PHASE III - 2028 10 15 Reconstruct Surface 115 DAVIDSON ST FERREE ST RICHARDSON ST 3 PHASE III - 2028 10 12 Reconstruct Surface 116 DAVIDSON ST TIPPECANOE AVE FERREE ST 3 PHASE III - 2028 10 25 Reconstruct Surface 117 DAVIDSON ST RICHARDSON ST CURTIS ST 3 PHASE III - 2028 10 9 Reconstruct Surface 118 ELM AVE COULSTON AVE GOULD ST 3 PHASE III - 2028 10 37 Reconstruct Surface 119 GOULD ST TIPPECANOE AVE FERREE ST 3 PHASE III - 2028 10 30 Reconstruct Surface 120 GOULD ST FERREE ST RICHARDSON ST 3 PHASE III - 2028 10 26 Reconstruct Surface 121 GOULD ST CURTIS ST HARDT ST 3 PHASE III - 2028 10 13 Reconstruct Surface 122 GOULD ST RICHARDSON ST CURTIS ST 3 PHASE III - 2028 10 30 Reconstruct Surface 123 HARDT ST CURTIS ST GOULD ST 3 PHASE III - 2028 10 21 Reconstruct Surface 124 HARDT ST RICHARDSON ST CURTIS ST 3 PHASE III - 2028 10 32 Reconstruct Surface 125 ROSENA AVE COULSTON ST GOULD ST 3 PHASE III - 2028 10 21 Reconstruct Surface Packet Page. 2293

CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: June 17, 2026
To: Honorable Mayor and City Council Members
From: Eric Levitt, City Manager;
Lynn Merrill, Director of Public Works
Department: Public Works
Subject: Revised Five-Year Capital Improvement Plan FY 2025/26 to FY 2029/30 for Measure I Local Street Program
Expenditures (All Wards)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution 2026-092 approving the Revised Measure I Five-Year Capital Improvement Plan for Fiscal Year 2025/26 through Fiscal Year 2029/30 (MICIP) and Measure I Expenditure Strategy.

City Manager's Comments
The City Manager recommends approval of five-year Capital Improvement Plan for Fiscal Year 2025/2026.

Executive Summary
“The Five-Year MICIP must be revised to incorporate additional Measure I Local Street Program project allocations approved during FY 2025/26. The revisions add the Kendall Drive Between H Street and E Street project, State Highway I-215 and Palm Avenue Interchange Improvements, and State Highway CA-210 and Del Rosa Avenue Interchange Improvements to the adopted MICIP. Approval of the revised MICIP will ensure that expenditures associated with these previously approved allocations remain eligible under Measure I requirements.”
Background
In November 1989, voters approved Measure I, which authorized the San Bernardino County Transportation Authority (SBCTA) to impose a one-half of one percent retail transaction and use tax. This tax was applicable throughout the County for a period of 20 years beginning April 1, 1990, and extending to March 31, 2010, and is commonly known as the 1/2-Cent Sales and Road Tax (Measure I). In November 2004, voters approved an extension of the 1/2-cent sales tax for an additional 30 years from April 1, Packet Page. 2294
2010, through March 31, 2040.

Discussion
The Five-Year MICIP only relates to the expenditure of Measure I Local Funds, and each agency is required to update their plan annually. This plan identifies projects and the estimated Measure I Local Fund expenditures. Local Funds can be spent on any eligible transportation purpose determined to be a local priority. This includes improvements for local streets, major highways, state highways, transit, and other improvements that maximize the use of transportation facilities.

Pursuant to Policy VLS-25 of the Measure I Strategic Plan, jurisdictions provide an annual statement in the resolution of the governing body adopting the Five-Year MICIP which acknowledges that the jurisdiction will maintain General Fund expenditures for transportation related construction and maintenance activities at the required base year level within the fiscal year.

The Kendall Drive Raised Median (E Street to H Street) project Kendall Drive Raised Median Project, I-215 Interchange Improvements at Palm Avenue, and SR-210 Interchange Improvements at Del Rosa Avenue projects were not included in the Measure I program when the Five-Year MICIP was adopted on September 3, 2025.

Since the three projects received Measure I allocations after September 3, 2025, they must be added to the MICIP to ensure the expenses are eligible per the Measure I requirements.

The revised list of projects included in the MICIP is as follows:
• Citywide Pavement Rehabilitation
• Citywide Pavement Rejuvenation
• H St. Widening from Kendall Dr. to 40th St.
• Pavement Management Program
• SB County Joint Rehabilitation Projects
• State Highway CA-210 Interchange Improvements at Waterman Avenue • Ste HWT I-215 and University Parkway Interchange Improvements • Street Improvements at 50 Locations
• Kendall Drive Between H Street and E Street
• State Highway I-215 and Palm Avenue Interchange Improvements • State Highway CA-210 and Del Rosa Avenue Interchange Improvements 2021-2025 Strategic Targets and Goals
The Measure I Five-Year MICIP is consistent with Key Target No. 1d: Improved Operational & Financial Capacity – Create a framework for spending decisions as it reflects the most current and highest priority need for use of Measure I Funds in FY 2025/26.

Packet Page. 2295
Fiscal Impact
There is no fiscal impact to the General Fund. This action is administrative in nature; no additional funding is being allocated.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution 2026-092 approving the Revised Measure I Five-Year Capital Improvement Plan for Fiscal Year 2025/26 through Fiscal Year 2029/30 and Measure I Expenditure Strategy.

Attachments
Attachment 1 Resolution 2026-092
Attachment 2 Exhibit A – Revised Measure I CIP FY25/26 – FY29/30 Attachment 3 Exhibit B – Measure I CIP Expenditure Strategy Ward:

All Wards
Synopsis of Previous Council Actions:

July 21, 2021 Resolution No. 2021-182 adopted the Five-Year Measure I Capital Improvement Program for FY 2021/22 – FY 2025/26 June 15, 2022 Resolution No. 2022-133 adopted the Revised Five-Year Measure I Capital Improvement Program for FY 2021-22 – FY 2025/26
July 20, 2022 Resolution No. 2022-150 adopted the Revised Five-Year Measure I Capital Improvement Program for FY 2022/23 – FY 2026-27
October 4, 2023 Resolution No. 2023-155 adopted the Revised Five-Year Measure I Capital Improvement Program for FY 2022/23 – FY 2026-27
August 21, 2024 Resolution No. 2024-187 adopted the Five-Year Measure I Capital Improvement Program for FY 2024/25 – FY 2028-29 September 3, 2025 Resolution No. 2025-363 adopted the Five-Year Measure I Capital Improvement Program for FY 2025-26 – FY 2029-30 CC

Packet Page. 2296
Resolution No. 2026-092
Resolution No. 2026-092
June 17, 2026

RESOLUTION NO. 2026-092

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA, OF SAN

BERNARDINO COUNTY, STATE OF CALIFORNIA,

ADOPTING THE REVISED MEASURE I FIVE-YEAR

CAPITAL IMPROVEMENT PLAN FOR FISCAL YEAR
2025/2026 THROUGH FISCAL YEAR 2029/2030
WHEREAS, San Bernardino County voters originally approved Measure I in November 1989, and subsequently approved an extension of Measure I in November 2004, authorizing the San Bernardino County Transportation Authority to continue imposing a one-half of one percent retail transactions and use tax applicable in the incorporated and unincorporated territory of the County of San Bernardino; and
WHEREAS, revenue from the tax can only be used for transportation improvement and traffic management programs authorized in the Expenditure Plans set forth in Ordinance No. 04- 01 of the Authority; and
WHEREAS, the Strategic Plan requires each local jurisdiction applying for revenue from the Local Street Program to annually adopt and update a Five-Year Capital Improvement Plan; and
WHEREAS, California Public Utilities Code 190300 and Ordinance No. 04-01 require each local jurisdiction to maintain General Fund expenditures for transportation-related construction and maintenance activities at the required Maintenance of Effort base year level in each fiscal year of the adopted Five-Year Capital Improvement Plan, which for the City of San Bernardino is $1,075,643; and
WHEREAS, the City desires to revise the Measure I Five-Year Capital Improvement Plan for FY 2025/26 through FY 2029/30 to include the Kendall Drive Between H Street and E Street project, State Highway I-215 and Palm Avenue Interchange Improvements, and State Highway CA-210 and Del Rosa Avenue Interchange Improvements; and.

WHEREAS, inclusion of these projects in the revised Five-Year Capital Improvement Plan is necessary to ensure eligibility for reimbursement and expenditure of Measure I Local Street Program funds.

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 Measure I Five-Year Capital Improvement Plan, attached to this resolution as Exhibit A, is hereby approved and adopted as revised.

Packet Page. 2297
Resolution No. 2026-092
Resolution No. 2026-092
June 17, 2026

SECTION 3. The Measure I Capital Improvement Expenditure Strategy, attached to this resolution as Exhibit B, is hereby approved and adopted as revised.

SECTION 4. CEQA. The Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. In addition, the proposed action is administrative in nature. As such, the action does not constitute a “project” under CEQA pursuant to CEQA Guidelines Section 15378(b)(5), which excludes organizational or administrative activities that will not result in direct or indirect physical changes in the environment. Any future projects or activities undertaken pursuant to this action will be subject to separate CEQA review at the time they are proposed.

SECTION 5. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable.

SECTION 6. Effective Date. This Resolution shall become effective immediately.

APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 17th day of June 2026.

Helen Tran, Mayor
City of San Bernardino
Attest:

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

Sonia Carvalho, City Attorney
Packet Page. 2298
Resolution No. 2026-092
Resolution No. 2026-092
June 17, 2026

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss

CITY OF SAN BERNARDINO )
I, Telicia Lopez, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2026-092, adopted at a regular meeting held on the 17th day of June 2026, 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 18th day of June 2026.

Telicia Lopez, CMC, City Clerk
Packet Page. 2299
Resolution Number:

Resolution Approval Date:

Contact Person/Title:

Phone:

Email:
6/30/25 Carryover Balance $18,062,410.81
FY2025/26 Est. Revenue FY2026/27 Est. Revenue FY2027/28 Est. Revenue FY2028/29 Est. Revenue FY2029/30 Est. Revenue Total Est. Rev. $5,905,854 $6,070,036 $6,239,992 $6,416,570 $6,600,717 $31,233,170 Projects:

State Highway I-215 and University Parkway Interchange
Improvements (7240) 84.2% 15.8% $17,000,000 $2,128,823 $0 $0 $0 $0 $2,128,823 H St. Widening from Kendall Dr. to 40th St. (7872) 67.6% 32.4% $3,893,398 $50,000 $50,000 $1,905,000 $0 $0 $2,005,000 Citywide Pavement Rejuvenation (7306) 0.0% 0.0% $1,415,386 $1,415,386 $0 $0 $0 $1,415,386 Citywide Pavement Rehabilitation (8769) 0.0% 0.0% $4,500,000 $4,500,000 $0 $0 $0 $0 $4,500,000 SB County Joint Rehabilitation Projects (8885) 0.0% 0.0% $3,922,750 $3,344,750 $578,000 $0 $0 $0 $3,922,750 State Highway CA-210 Interchange Improvements at Waterman Avenue (8927) 0.0% 0.0% $1,425,924 $834,298 $0 $0 $0 $0 $834,298 Pavement Management Program (8956) 0.0% 0.0% $1,000,000 $797,561 $0 $0 $0 $0 $797,561 Street Improvements at 50 Locations (9150) 0.0% 0.0% $20,000,000 $2,664,055 $0 $0 $0 $0 $2,664,055 Kendall Drive Between H Street and E Street (8825) 0.0% 0.0% $3,050,000 $1,135,945 $0 $0 $0 $0 $1,135,945 State Highway I-215 and Palm Avenue Interchange Improvements (9158) 0.0% 0.0% $7,300,000 $678,100 $0 $0 $0 $0 $678,100 State Highway CA-210 and Del Rosa Avenue Interchange
Improvements (9159) 0.0% 0.0% $4,600,000 $1,277,600 $0 $0 $0 $0 $1,277,600 $18,826,518 $628,000 $1,905,000 $0 $0 $21,359,518
Total Programming is currently 43% Total Estimated Programming: $21,359,518 2026-XXX Jurisdiction:
6/17/2026
Lynn Merrill
(909) 998-2400
Measure I Local Pass-through Program

FIVE YEAR CAPITAL IMPROVEMENT PLAN
Fiscal Years 2025/2026 thru 2029/2030
[email protected]
Projects Total:

San Bernardino
Current
Estimate
Current
Estimate Total CurrentEstimate
Current
Estimate
Current
Estimate
(Must not exceed 150% of Carryover Balance +
Total Estimated Revenue)
Is Project in
City's
Non-motorized
Transportation
Plan?
(Yes/No)
Does Project
have an ATP
Component?
(Yes/No)
Is the Project on the City's
Nexus Study List?
(Public/DIF Share %)
Estimated Total
Project Cost

Packet Page. 2300

EXHIBIT B

CITY OF SAN BERNARDINO

MEASURE I CAPITAL IMPROVEMENT PLAN

EXPENDITURE STRATEGY
Fiscal Year 2025/2026 to 2029/2030
The City of San Bernardino will continue to place emphasis on both its regional and sub-regional arterial roadway system. At least fifty percent of the City's Measure I allocation will be earmarked for specific capital projects that are geared toward improving traffic flow and motorist convenience. Failing pavement surfaces will be rehabilitated and traffic striping modified as needed to accommodate increased traffic demand; and intersection capacity will be improved with new and modified traffic signals.

In addition to the above Capital Improvement Program, San Bernardino will continue to allocate up to fifty percent of its annual Measure I funds towards public works maintenance activities.

Maintenance work will continue to include the City's traffic signal systems, sidewalk and curb repair, and pavement repair and overlay on the local street system.

Packet Page. 2301

DISCUSSION
City of San Bernardino
Request for Council Action
Date: June 17, 2026
To: Honorable Mayor and City Council Members
From: Telicia Lopez, City Clerk
Department: City Clerk
Subject: Adopt Resolutions Implementing Brown Act Updates Related to Senate Bill 707
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt resolutions in accordance with Senate Bill 707 Brown Act Updates:

1. Adopt Resolution No. 2026-093 Approving a Technology Disruption Policy; and

2. Adopt Resolution No. 2026-094 Determining “reasonable efforts” for outreach to encourage participation in City Council meetings.

City Manager's Comments
N/A
Executive Summary
Senate Bill 707 updates teleconferencing and accessibility requirements under the Brown Act, including new provisions related to remote participation and public access to meetings.

By July 1, 2026, legislative bodies must adopt a policy to address a disruption of the meeting that would prevent public participation or access and provide a two-way telephonic or audiovisual platform for public participation.

Background
By July 1, 2026, all eligible legislative bodies must implement a two-way telephonic or audiovisual platform for public participation in meetings and adopt a policy addressing technology disruptions during Mayor and City Council meetings.

Packet Page. 2302
The policy must address procedures for responding to disruptions of telephonic or internet service during a meeting and the efforts the legislative body will make to restore service.

The statute further requires an eligible legislative body to provide that if a disruption occurs that prevents members of the public from observing or participating in a Mayor and City Council meeting through the two-way telephonic or audiovisual platform, the Mayor and City Council must recess the open session for at least one hour and make a good faith effort to restore service. During this time, the City Council may meet in closed session, as permitted by law.

The Mayor and City Council may not reconvene open session until at least one hour has passed or service has been restored, whichever occurs first. If service has not been restored upon reconvening, the Mayor and City Council must make findings by roll call vote that good faith efforts were made to restore access and that the public interest in continuing the meeting outweighs the public interest in providing remote access. Alternatively, the meeting may be adjourned.

The proposed policy incorporates these requirements and establishes procedures to ensure transparency and continuity of meetings in the event of a technology disruption during a Mayor and City Council meeting, while maintaining flexibility to respond based on specific circumstances.

Discussion
On October 3, 2025, Governor Newsom signed into law Senate Bill 707 (SB 707), which amends the Brown Act. The Ralph M. Brown Act (Government Code Section 54950 et seq.) establishes requirements for open meetings of local legislative bodies. SB 707 updates provisions related to teleconferencing, including requirements for remote participation, accessibility, and procedures for addressing disruptions to meeting access for City Council meetings. Among other requirements, SB 707 requires the City Council to adopt a technology disruption policy and to determine what constitutes reasonable efforts for outreach to encourage public participation in City Council meetings, particularly among underrepresented and non-English-speaking communities. These policies must be adopted by July 1, 2026.

Remote Public Participation
Among other new requirements under SB 707, all qualified legislative bodies, including City Councils, must offer remote participation through a two-way phone or video platform for public meetings. This includes offering teleconferencing and two-way communication options that allow members of the public to both observe Packet Page. 2303
meetings and provide real-time public comment. Pursuant to SB 707, effective July 1, 2026, the City will make available two-way remote participation via Zoom, during Mayor and City Council meetings.

Teleconferencing
The Brown Act now expressly allows teleconferencing by a member as an accommodation under the Americans with Disabilities Act (ADA), as well as a limited number of instances of remote participation due to “just cause,” which may be used up to five to seven times per calendar year, depending on the number of regular meetings held per month. ADA-related teleconferencing must be provided when applicable legal requirements are met, whereas participation based on “just cause” is subject to the statutory annual limit. “Just cause” includes circumstances such as childcare or caregiving needs; a contagious illness; a physical or mental condition; travel on official business; the need to care for an immunocompromised family member; a personal or family medical emergency; or military service obligations that prevent in-person attendance.

Technology Disruption Policy
Government Code Section 54953.4 requires the City Council to adopt, by July 1, 2026, a technology disruption policy. The policy must address procedures for responding to disruptions of telephonic or internet service during a meeting and the efforts the legislative body will make to restore service. The statute further requires that if a disruption occurs that prevents members of the public from observing or participating in a City Council meeting through the two-way telephonic or audiovisual platform, the City Council must recess the open session for at least one hour and staff must make a good faith effort to restore service.

During this time, the City Council may meet in closed session, as permitted by law. The City Council may not reconvene open session until at least one hour has passed or service has been restored, whichever occurs first. If service has not been restored upon reconvening, the City Council must make findings by roll call vote that good faith efforts were made to restore access and that the public interest in continuing the meeting outweighs the public interest in providing remote access. Alternatively, the meeting may be adjourned.

The proposed policy incorporates these requirements and establishes procedures to ensure transparency and continuity of meetings in the event of a technology disruption during a City Council meeting, while maintaining flexibility to respond based on the specific circumstances.

Consistent with SB 707, the policy also provides for the removal of an individual from a meeting or limitation of their remote participation pursuant to Government Code Section 54957.95 if they engage in disruptive conduct following a specific warning by the Mayor or City Clerk.

Reasonable Efforts for Outreach
Government Code Section 54953.4 requires the City Council to determine and Packet Page. 2304
adopt what constitutes “reasonable efforts” to encourage participation in City Council meetings, particularly among underrepresented communities and nonEnglish-speaking communities. The proposed resolution establishes the City’s approach to outreach, which may include inviting participation in City Council meetings from media organizations serving the City, including those serving nonEnglish-speaking communities, as well as civic, neighborhood, communitybased, civil rights, and good government organizations. The statute provides the City Council with broad discretion in defining these reasonable efforts and clarifies that failure to provide notice to any specific group does not create a basis for legal action. The proposed policy is intended to provide flexibility while supporting expanded public awareness and participation.
2021-2025 Strategic Targets and Goals
Adoption of Resolutions that align with No. 1: Establish clear policy direction and predictable organization structures. Adopting this policy will support the return to Zoom Public comments with clear protocols for disruptions.

Fiscal Impact
There is no fiscal impact in adopting this resolution.

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

1. Receive a presentation on Brown Act updates related to the teleconferencing and accessibility provisions under Senate Bill 707 (SB 707);

2. Adopt Resolution No. 2026-093 Approving a Technology Disruption Policy; and

3. Adopt Resolution No. 2026-094 Determining “reasonable efforts” for outreach to encourage participation in City Council meetings.

Attachments
Attachment No.1 – Resolution 2026-093
Attachment No.2 – Disruption Policy
Attachment No.3 – Resolution 2026-094
Ward:

All Wards
Synopsis of Previous Council Actions:

N/A
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Resolution No. 2026-093
Resolution No. 2026-093
June 17, 2026

RESOLUTION NO.2026-093

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

ADOPTING A POLICY ADDRESSING THE DISRUPTION

OF TELEPHONIC OR INTERNET SERVICE DURING CITY

COUNCIL MEETINGS
WHEREAS, The Ralph M. Brown Act (Government Code Section 54950 et seq.) establishes requirements for open and public meetings of local legislative bodies; and WHEREAS, Senate Bill (SB 707, 2025) amended the Brown Act to update teleconferencing and accessibility requirements, including a requirement to provide for remote public participation in applicable public meetings. This includes offering teleconferencing and two-way communication options that allow members of the public to both observe meetings and provide real-time public comment during City Council meetings.

WHEREAS, Government Code Section 54950(b)(1)(A) requires eligible legislative bodies, on or before July 1, 2026, to adopt at a noticed public meeting in open session, and not on the consent calendar, a policy addressing disruption of telephonic or internet service during meetings conducted with remote participation.

WHEREAS, The required policy must address procedures for recessing and reconvening a meeting in the event of disruption and the efforts of the legislative body will make to attempt to restore service.

WHEREAS, In the event of a disruption preventing members of the public from observing or participating in the meeting through a two-way telephonic or audiovisual platform, the legislative body shall recess the open session for at least one hour and make a good faith effort to restore service, and may not reconvene open session until at least one hour has passed or service has not been restored, whichever occurs first.

WHEREAS, If telephonic or internet service has not been restored upon reconvening, the legislative body must make findings by roll call vote that good faith efforts to restore service have been made and that the public interest in continuing the meeting outweighs the public interest in remote public access.

WHEREAS, Adoption of a technology disruption policy is required to ensure compliance with state law and to promote transparency and continuity of public meetings.

WHEREAS, The City Council Policy addressing disruption of telephonic or internet service during the City Council meetings has been prepared in accordance with Government Code Section 54953.4 and is attached hereto as Exhibit A.

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Resolution No. 2026-093
Resolution No. 2026-093
June 17, 2026

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 City Council of the City of San Bernardino hereby adopts the City Council policy entitled “Disruption of Telephonic or Internet Service During City Council Meetings,” in the form presented.

SECTION 3. All resolutions or parts of resolutions, not consistent with or in conflict with this resolution are hereby repealed.

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

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

APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 17th day of June 2026.

Helen Tran, Mayor
City of San Bernardino
Attest:

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

Sonia Carvalho, City Attorney
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Resolution No. 2026-093
Resolution No. 2026-093
June 17, 2026

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss

CITY OF SAN BERNARDINO )
I, Telicia Lopez, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2026-093, adopted at a regular meeting held on the 17th day of June 2026 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 18th day of June 2026.

Telicia Lopez, CMC, City Clerk
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[1]

ADMINISTRATIVE

POLICIES
RESOLUTION NO.

Resolution No. 2026-093
PAGE 1 of 4

REVISION SUPERSEDES

SUBJECT
Disruption of Telephonic or Internet
Service During Meetings
APPROVED BY:

City Council

EFFECTIVE
DATE 06-17-2026
SECTION I: PURPOSE OF POLICY
Senate Bill 707 (2025) amended the Brown Act to require eligible legislative bodies to adopt, on or before July 1, 2026, a policy addressing how the agency will respond to disruptions in telephonic or internet service that prevent members of the public from participating remotely. This policy establishes procedures for responding to a disruption in the telephonic or internet services that provide two-way remote public access to meetings of the City Council of the City of San Bernardino, as required by the Brown Act (Government Code section 54953.4). The policy ensures transparency, public participation, and the continuation of meetings during technological disruptions.

SECTION II: DEFINITIONS

1. Service Disruption means any failure, outage, or other interruption to the agency’s remote access services that prevents members of the public from participating in a City Council meeting through the remote access service.

2. Disrupting means engaging in behavior during a meeting of the City Council that actually disrupts, disturbs, impedes, or renders infeasible the orderly conduct of the meeting and includes, but is not limited to one of the following:
a. A failure to comply with reasonable and lawful regulations adopted by the City Council of the City of San Bernardino
b. Engaging in behavior that constitutes use of force or a true threat of force.

3. Remote access services means the two-way telephonic service and/or two-way audiovisual platform used to provide real-time remote public attendance and observation of meetings.

4. Two-way audiovisual platform means an online platform that provides participants with the ability to participate in a meeting via both an interactive video conference and a two-way telephonic service.

5. Two-way telephonic service means a telephone service that does not require internet access and allows participants to dial a telephone number to listen and verbally participate.

6. True threat of force means a threat that has sufficient indicia of intent and seriousness, that a reasonable observer would perceive it to be an actual threat to use force by the person making the threat.

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2 Administrative Policy Meeting Disruption
Section III: POLICY

1. Applicability of Policy
This policy applies to all open and public meetings of the City Council at which remote public participation is required under the Brown Act. Consistent with the Brown Act, this policy shall not apply to the following meetings:
a. Meetings held to attend a judicial or administrative proceeding to which the City of San Bernardino is a party.
b. Meetings held to inspect real or personal property provided that the topic of the meeting is limited to items directly related to the real or personal property. c. Meetings held to meet with elected or appointed officials of the United States or the State of California, solely to discuss a legislative or regulatory issue affecting the City of San Bernardino and over which the federal or state officials have jurisdiction. d. Meetings held to meet in or nearby a facility owned by the City of San Bernardino, provided that the topic of the meeting is limited to items directly related to the facility. e. Meetings held in an emergency situation pursuant to Government Code section 54956.5.

2. Remote Public Access
When remote public access is required under the Brown Act, the City Council shall provide members of the public with an opportunity to attend and participate in the meeting using a twoway audiovisual platform or a two-way telephonic service, provided that adequate telephonic or internet service is operational at the meeting location.

If adequate telephonic or internet service is not operational at the meeting location, the City Council shall not be required to provide remote access. If adequate telephonic or internet service is operational for only a portion of the meeting, the City Council shall provide remote access during that portion of the meeting.

If a two-way audiovisual platform is used, the City Council shall:
• Publicly post and provide a call-in option as well; and • Activate any automatic captioning function that is available in the audiovisual platform.

If a two-way audiovisual platform is not provided, the City Council shall provide a two-way telephonic service.

Members of the public participating remotely shall be provided the same opportunity to provide public comment as members of the public attending in person, including the same time allotment.

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3 Administrative Policy Meeting Disruption

3. Response to Service Disruption
If the Mayor or City Clerk becomes aware of a service disruption:
a. The Mayor or City Clerk shall immediately announce the service disruption to the public.
b. The Mayor shall call for a recess of the open session and may convene the legislative body in an authorized closed session, consistent with the Brown Act. The recess shall last for one hour or until service is restored, whichever is earlier. c. During the recess, City of San Bernardino staff shall make a good faith effort to diagnose and restore the disrupted service.

4. Reconvening the Open Session
After the expiration of the hour, if service has not been restored prior, the Mayor or City Clerk shall report on the status of staff’s efforts to restore remote access services, and the City Council may reconvene to:
a. Adjourn the meeting;
b. Extend the recess to allow staff more time to make a good faith effort to restore remote access services; or
c. Continue the open session portion of the meeting by adopting, by roll call vote, the following or a substantially similar finding:
“The City of San Bernardino has made good faith efforts to restore telephonic or internet service in accordance with its adopted policy, and the public interest in continuing the meeting outweighs the public interest in remote public access.” Upon adoption of the finding, the City Council may continue the open session portion of the meeting despite the fact that remote access services have not been restored.

5. Recordkeeping
The City Clerk shall enter a brief statement into the meeting minutes, including:
a. The nature and time of the service disruption;
b. The time the meeting was reconvened (if applicable); c. Any finding adopted pursuant to Section 7.

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4 Administrative Policy Meeting Disruption

6. Response to Members of the Public Disrupting a Meeting If the Mayor or City Clerk becomes aware of a member of the public who is attending the meeting through remote access services and is disrupting the meeting or otherwise preventing other members of the public from attending or observing the meeting remotely or in-person:
a. The Mayor or City Clerk shall warn the person who is participating through remote access services that he or she is disrupting the meeting and failure to cease that behavior may result in their removal.

If the person to whom the Mayor gave the above warning persists in disrupting the meeting, the Mayor shall order staff to:
i. Mute or otherwise limit the individual’s ability to disrupt the meeting, while allowing the individual to continue to observe and attend the meeting; or
ii. Remove the individual from the meeting if paragraph (a) does not address the disrupting behavior or is not available using the remote access service.

7. Review and Updates
This policy may be amended by the City Council at a noticed public meeting in open session and may not be placed on the consent calendar.

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Resolution No. 2026-094
Resolution No. 2026-094
June 17, 2026

RESOLUTION NO. 2026-094

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE

CITY OF SAN BERNARDINO, CALIFORNIA, DETERMINING

REASONABLE EFFORTS TO ENCOURAGE PUBLIC

PARTICIPATION IN MEETINGS PURSUANT TO
GOVERNMENT CODE SECTION 54953.4
WHEREAS, The Ralph M. Brown Act (Government code Section 54950 et seq.) establishes requirements for open and public meetings of local legislative bodies; and WHEREAS, Senate Bill 707 (SB 707, 2025) amended the Brown Act to include additional requirements intended to encourage participation in public meetings, particularly among communities that do not traditionally participate in public meetings and non-English-speaking communities; and
WHEREAS, Government Code Section 54953.4(b)(3)(C) requires the City Council to determine and make reasonable effortsto invite groups that do not traditionally participate in public meetings to attend those meetings; and
WHEREAS, Such reasonable efforts may include outreach to media organizations serving the jurisdiction, including those serving non-English-speaking communities, as well as civic, neighborhood, community-based, civil rights, and good government organizations; and WHEREAS, Government Code Section 54953.4(b)(3)(C)(ii) provides legislative bodies with broad discretion in determining appropriate reasonable efforts and clarifies that no action shall arise from failing to provide notice to any specific group; and WHEREAS, The City Council of the City of San Bernardino encourages public participation and provides multiple methods for the public to address the Council in accordance with the Brown Act, and the City uses a variety of communication methods to inform the public of meetings and opportunities to participate.

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. Determination of Reasonable Efforts. The City Council determines the following to constitute reasonable efforts to encourage participation in meetings pursuant to Government Code Section 54953.4(b)(3)(C):

1. Media Outreach. The City may include media organizations serving the jurisdiction, including media organizations serving non-English-speaking Packet Page. 2313
Resolution No. 2026-094
Resolution No. 2026-094
June 17, 2026

communities, in the distribution of meeting agendas, notices, or other meeting-related information, as appropriate.

2. Electronic Access and Agenda Subscriptions. The City shall maintain methods for members of the public to access meeting agendas and related materials electronically, including through the City’s website or other regular agenda-posting platform. Where available, the City may also provide options for members of the public to subscribe to receive meeting agendas, notices, or other updates.

3. Multilingual Communications. The City may use multilingual communication methods to increase awareness of meetings and participation opportunities, including translated agendas, translated meeting instructions, multilingual social media posts, website notices, or other communication tools, as appropriate and consistent with applicable law and available resources.

4. Community and Organizational Outreach. The City may provide meeting information through existing communication channels and partnerships with community-based organizations, neighborhood groups, civic organizations, civil rights organizations, good government organizations, and organizations serving non-English-speaking communities, as opportunities arise and consistent with available resources.

5. Use of Existing Communication Channels. The City of San Bernardino may use existing outreach methods to share meeting information and participation opportunities, including, but not limited to, the agency website, email notifications, agenda subscription services, newsletters, social media platforms, public counters, bulletin boards, community meetings, and other established communications tools.

6. Flexible and Evolving Methods. The efforts identified in this Resolution are intended to provide a flexible framework for outreach and public participation. The City may modify, expand, or adjust its outreach methods over time based on available resources, evolving communication practices, changes in technology, and the needs of the community.

SECTION 3. Flexible Framework. The efforts identified in this Resolution are intended to provide a flexible framework for outreach and public participation. The City may modify, Packet Page. 2314
Resolution No. 2026-094
Resolution No. 2026-094
June 17, 2026

expand, or adjust its outreach methods over time based on the available resources, evolving communication practices, changes in technology, and the needs of the community.

SECTION 4 No requirement to Provide Notice to Any Specific Group. Consistent with Government Code Section 54953.4(b)(3)(C)(ii), this Resolution does not require notice of any specific group of organizations, and no action shall arise from the failure to provide notice to any specific group or organization.

SECTION 5. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable.

SECTION 6. Effective Date. This Resolution shall become effective immediately.

APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 17th day of June 2026.

Helen Tran, Mayor
City of San Bernardino
Attest:

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

Sonia Carvalho, City Attorney
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Resolution No. 2026-094
Resolution No. 2026-094
June 17, 2026

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss

CITY OF SAN BERNARDINO )
I, Telicia Lopez, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2026-094, adopted at a regular meeting held on the 17th day of June 2026 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 18th day of June 2026.

Telicia Lopez, CMC, City Clerk
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