AMENDMENT NUMBER: ONE
TO
CONSULTANT/PROFESSIONAL SERVICES PROVIDER AGREEMENT
BY AND BETWEEN
THE SOUTHERN CALIFORNIA LOGISTICS AIRPORT AUTHORITY
AND
BURNS & MCDONNELL ENGINEERING COMPANY, INC.
FOR
AIRPORT LAYOUT PLAN UPDATE,
PROJECT CC21-015-1
THIS AMENDMENT (the “Amendment”) is made and entered into this ____ day of _______ 2023, by and between the Southern California Logistics Airport Authority, a joint powers authority, organized and existing in the County of San Bernardino under and by virtue of the laws of the State of California (hereinafter referred to as “SCLAA”), and Burns & McDonnell Engineering Company, Inc., Brea, CA, hereinafter referred to as “Consultant.” The SCLAA and Consultant are sometimes hereinafter referred to individually as a “Party” and collectively referred to as the “Parties”.
Recitals
1. WHEREAS, SCLAA has a Consultant/Professional Services Provider Agreement (hereinafter referred to as the “Original Agreement”) with the Consultant to provide Consultant/Professional Services for Airport Layout Plan Update; and
2. WHEREAS, it is the desire of the Parties to issue Amendment One (1) to the Original Agreement to increase Section 3., Compensation, by $37,350.00, thereby increasing the total cumulative not to exceed sum from $594,996.00 to $632,346.00; and
3. NOW THEREFORE, in consideration of the covenants, conditions, and promises contained herein and for such other good and valuable consideration, receipt of which is hereby acknowledged, the Parties are willing to amend the Original Agreement as stated below.
Contract Amendment
Section 3. – COMPENSATION – is amended as follows:
“SCLAA shall pay to Consultant a sum not to exceed Six Hundred Thirty-two Thousand Three Hundred Forty-six and 00/100 dollars ($632,346.00) for faithful performance of the services to be rendered under this Agreement, subject to the Fee Schedule provisions of Section 4, below.”
Except as amended herein, the terms and conditions of the Original Agreement and all previous amendments remain in full force and effect.
(SIGNATURES ON NEXT PAGE)
Consultant/Professional Services Provider Agreement/ /Burns & McDonnell Engineering Co., Inc./CC21-015- 1/Amendment 1
IN WITNESS WHEREOF, the parties hereto have caused the Amendment to the Original Agreement to be entered as of the dates written below.
SOUTHERN CALIFORNIA LOGISTICS BURNS & MCDONNELL ENG. CO.
INC.
AIRPORT AUTHORITY
By:______________________________ By:__________________________ Debra Jones, Rashmi Menon,
Authority Chairman Vice President
Dated: ___________________________ Dated:_______________________
ATTEST
By:________________________________
Jennifer Thompson,
Authority Secretary
Dated:_____________________________
SOUTHERN CALIFORNIA LOGISTICS Approved as to Standard Form:
AIRPORT AUTHORITY
By: _______________________________ By: __________________________ Sandra Bostick, Andre de Bortnowsky,
Authority Risk Manager Authority Legal Counsel
Dated:_____________________________ Dated:________________________
Item Number: 19
Board of Directors
Written Communications
Meeting of: November 07, 2023
Submitted By:
C. Eric Ray, Airport Director
Subject:
Approve Amendment Two to the Standard Consultant/Professional Services Provider Agreement for Bidding Support, Construction Management & Inspection Services, Project CC21-015
Recommendation:
That the Southern California Logistics Airport Authority Board of Directors approve Amendment Two to the Standard Consultant/Professional Services Provider Agreement to Burns & McDonnell Engineering Company, Inc., for Bidding Support, Construction Management & Inspection Services, Project CC21-015, increasing the total not to exceed compensation by $135,120.49 to $1,037,363.83; and extending the Term of the Agreement to June 30, 2024.
Fiscal Impact:
This Amendment requires no additional budget appropriation. Funds have been appropriated in the 457 Federal Grants Fund and the 450 Grant Matching Fund. The budget is outlined below:
Current Budget
Balance
457 FAA Grant #26 Fund
457 FAA Grant #32 Fund
$748,434.71
$887,000.00
450 SCLA Grant #32 Matching Fund $98,556.00
Strategic Plan Goal:
Goal E. Invest in Infrastructure: This Project invests in airfield infrastructure and will provide a permanent solution to a Federal Aviation Administration (“FAA”) identified safety issue by mitigating an aviation Hotspot, thus improving the safety of the airfield infrastructure.
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Background:
The Southern California Logistics Airport (“SCLA”) is required to meet stringent FAA design and construction management standards as a condition of accepting FAA Grant funding for the Project. The construction management and inspection services require highly specialized and technical services customarily performed by engineering firms with specific training and experience regarding FAA standards, specifications, and customary protocol. In 2020, to procure a qualified airport engineering services firm for the multiple phases of the Runway 17/35 Reconstruction project over several years, staff conducted a formal, competitive Request for Qualifications for Airport Engineering Services, Project #CC21-015 in compliance with City Municipal Code §2.28.280 and applicable FAA standards. Your Honorable Board of Directors approved the selection of Burns & McDonnell as the qualified airport engineering services firm on December 15, 2020. This approval enabled staff to engage Burns & McDonnell for airport engineering consultant services for the projects contained on its Federally approved Aviation Capital Improvement Program (“ACIP”) for a period of up to five years.
The SCLA airfield consists of two commercial-length runways and eleven taxiways. One taxiway, known as Taxiway C2 (“C2”), is near the intersection of Runway 17/35 and 3/21 and has been identified by the FAA as a Hotspot that needs to be mitigated. The FAA’s Hotspot determination is the result of the location and orientation of Taxiway C2, where a potential exists for a pilot on C2 to become disoriented and enter the wrong runway for a departure, which could have disastrous consequences.
Staff worked with Burns & McDonnell Engineering Company, Inc. (“Burns & McDonnell”), the qualified engineering firm for the SCLA, to identify a solution to mitigate the risks that are present because of the location of C2. Staff and Burns & McDonnell determined that the complete removal of C2 would be the best course of action. Burns & McDonnell staff created FAA approved design plans for the removal of C2 that will eliminate the Hotspot and prepare the SCLA for future projects.
Your honorable Board of Directors approved the award of a Construction Contract to Coffman Specialties, Inc, to remove C2 as part of Project CCH23-111, on September 05, 2023.
Discussion:
A project of this size and importance to the SCLA necessitates construction management and inspection expertise by engineers with aviation experience. To procure these services, SCLA staff requested a proposal from Burns & McDonnell for the construction management and inspection services associated with this phase of the Runway 17/35 Reconstruction Project, as per Municipal Code §2.28.110. Staff received the attached proposal (“Proposal”) for construction management and inspection services for the Project in the amount of $135,120.49. Staff reviewed the Proposal and found the costs to be in line with previous submissions. Staff notes that Burns & McDonnell’s Proposal contains an overall DBE award percentage of 22.8%, far surpassing the 13% goal for this project.
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The current Agreement with Burns & McDonnell was entered into on December 15, 2020 for the not to exceed amount of $902,243.34, which has been sufficient up to this point in the ongoing runway Runway 17/35 Reconstruction project. Amendment One was issued on September 26, 2022, to extend the Term of the Agreement to June 30, 2023.
However, the commencement of the next project phases requires additional expenses and time for engineering and construction management services.
Approval of Amendment Two of the existing Agreement will allow Burns & McDonnell to continue to provide the necessary Construction management and Inspection Services for Phase IIIB and Phase IV of the Runway 17/35 Reconstruction.
Therefore, staff requests and recommends Your Honorable Board of Directors approve Amendment Two of the Consultant/Professional Services Provider Agreement by and between the SCLAA and Burns & McDonnell, in the amount not to exceed $135,120.49, increasing the total not to exceed compensation amount to $1,037,363.83 for Construction Management and Inspection Services for the Runway 17/35 Rehabilitation Project #CC21-015, and extending the Term of the Agreement to June 30, 2024.
Staff remains available for any questions or comments you may have.
Attachments: A. Burns & McDonnell Proposal
B. Consultant/Professional Services Provider Agreement
Amendment Two
ATTACHMENT A
BURNS & MCDONNELL
PROPOSAL
140 S. State College Blvd \ Suite 100 \ Brea, CA 92821 O 714-256-1595 \ F 714-256-1764 \ burnsmcd.com September 28, 2023 Mr. Eric Ray Airport Director Southern California Logistics Airport 18374 Phantom West Victorville, CA 92394 Re: SCLA RWY 17-35 Phase 4 CM Dear Mr. Ray: We appreciate the opportunity to provide this proposal for providing Construction Management Services for Phase 4 of Runway 17-35 Reconstruction Project. We have based our proposal on the project plans and specifications and the Bid as awarded to Coffman Specialties. We understand the project will be completed within 60 calendar days beginning in early January of 2024. Burns & McDonnell is partnered with our subconsultants JOA Group and Wagner Engineering and Survey and will meet the 13% DBE goal for the project. As the project will be billed on a time and materials basis this proposed fee is subject to actual effort provided and we have anticipated the staffing that will be required to complete the project within the allotted 60 calendar days. We have provided a spreadsheet of our personnel and hourly rates based on the timeline presented and anticipating the same meeting schedule during construction as we have seen on prior phases of this project. Our Fee Worksheet is based on a 90-calendar day construction period. We are proposing a weekly construction meeting and on-site field engineers and construction inspectors. We do not anticipate 24-hour operations for this project and as such have not projected overtime hours. We have broken out the proposed fee into the following four-line items: 1. Construction Management and Inspection. 2. OC Testing will be minimal (limited to AC pavement/grading compaction) 3. Survey provide an allowance of 20 survey party hours to establish control and verify location of signage. 4. Expenses Project Vehicles and Field Equipment/supplies Please see Attachment A attached for Fee Estimate, Task Order Rate Sheet and Expenses. 140 S. State College Blvd \Suite 100 \Brea, CA 92821O714-256-1595 \ F714-256-1764 \burnsmcd.com We look forward to our continued relationship with SCLA. Please do not hesitate to contact meat [email protected] (760) 981-2126 if you have any questions regarding this proposal.Sincerely,Burns & McDonnell Engineering Company, Inc.C. Curt Ingraham, PEEngineering ManagerAttachment A: FEE/Rate Schedule
Consultant/Professional Services Provider Agreement/ Burns McDonnell, Project CC21-015/Amendment 2
AMENDMENT NUMBER: TWO
TO
CONSULTANT/PROFESSIONAL SERVICES PROVIDER AGREEMENT
BY AND BETWEEN
THE SOUTHERN CALIFORNIA LOGISTICS AIRPORT AUTHORITY
AND
BURNS & MCDONNELL ENGINEERING COMPANY, INC.
FOR
BIDDING SUPPORT, CONSTRUCTION MANAGEMENT & INSPECTION SERVICES, RUNWAY 17/35 RECONSTRUCTION PHASE III,
PROJECT CC21-015
THIS AMENDMENT (the “Amendment”) is made and entered into this ____ day of _______ 2023, by and between the Southern California Logistics Airport Authority, a joint powers authority, organized and existing in the County of San Bernardino under and by virtue of the laws of the State of California (hereinafter referred to as “SCLAA”), and Burns & McDonnell Engineering Company, a California corporation, hereinafter referred to as “Consultant.” The SCLAA and Consultant are sometimes hereinafter referred to individually as a “Party” and collectively referred to as the “Parties.”
Recitals
1. WHEREAS, SCLAA has a Consultant/Professional Services Provider Agreement (hereinafter referred to as the “Original Agreement”) with the Consultant to provide Bidding Support, Construction Management & Inspection Services, Runway 17/35 Reconstruction Phase III, Project CC21-015; and
2. WHEREAS, on or about September 26, 2022, Amendment One (1) was issued to the Original Agreement to revise Section 6., Term of Agreement to expire June 30, 2023.
Section 3., Compensation, cumulative not to exceed sum of $902,243.34, remains unchanged; and
3. WHEREAS, it is the desire of the Parties to issue Amendment Two (2) to the Original Agreement to revise Section 6., Term of Agreement to expire June 30, 2024. Increase Section 3., Compensation, by $135,120.49, thereby increasing the cumulative not to exceed sum from $902,243.34 to $1,037,363.83; and
4. NOW THEREFORE, in consideration of the covenants, conditions, and promises contained herein and for such other good and valuable consideration, receipt of which is hereby acknowledged, the Parties are willing to amend the Original Agreement as stated below.
Consultant/Professional Services Provider Agreement/ Burns McDonnell, Project CC21-015/Amendment 2
Contract Amendment
Section 3. – COMPENSATION – is amended as follows:
“SCLAA shall pay to Consultant a sum not to exceed One Million Thirty-Seven Thousand Three Hundred Sixty-Three and 83/100 Dollars ($1,037,363.83) for faithful performance of the services to be rendered under this Agreement, subject to the Fee Schedule provisions of Section 4, below.”
Section 6. – TERM OF AGREEMENT - is amended as follows:
The SCLAA hereby amends the Term of Agreement to expire June 30, 2024 (the “Termination Date”).
Except as amended herein, the terms and conditions of the Original Agreement and all previous amendments remain in full force and effect.
(SIGNATURES ON NEXT PAGE)
Consultant/Professional Services Provider Agreement/ Burns McDonnell, Project CC21-015/Amendment 2
IN WITNESS WHEREOF, the parties hereto have caused the Amendment to the Original Agreement to be entered as of the dates written below.
PARTY OF THE FIRST PART PARTY OF THE SECOND PART
SOUTHERN CALIFORNIA LOGISTICS BURNS & MCDONNELL
AIRPORT AUTHORITY ENGINEERING
By: ______________________________ By: __________________________ Debra Jones, Rashmi Menon,
Authority Chairman Vice President
Dated: ___________________________ Dated: _______________________
ATTEST
By:______________________________
Jennifer Thompson,
Authority Secretary
Dated:____________________________
SOUTHERN CALIFORNIA LOGISTICS APPROVED AS TO STANDARD
AIRPORT AUTHORITY FORM
By:________________________________ By:__________________________ Sandra Bostick, Andre de Bortnowsky,
Authority Risk Manager Authority Legal Counsel
Dated:______________________________ Dated:_______________________
Item Number: 20
City Council / Board of Directors
Written Communications
Meeting of: November 7, 2023
Submitted By:
Keith Metzler, City Manager
Subject:
Approval for Mayor and Mayor Pro Tem to Issue Position Statements Regarding the Award of the County’s Ambulance Contract
Recommendation:
Any action is at the discretion of your Honorable City Council. However, staff recommends that the Honorable City Council approve the following actions:
(1) Take a position which supports an award of the County’s Ambulance Contract; and (2) Authorize the Mayor and the Mayor Pro Tem to speak at the upcoming County Board of Supervisors meeting in support of the award of the ambulance transport contract to the ConFire Alliance.
Fiscal Impact:
There is no fiscal impact associated with this item.
Background:
In December of 2022, the Inland Counties Emergency Medical Agency (ICEMA) and San Bernardino County (County) invited experienced and qualified organizations to submit proposals to provide 911 Advanced Life Support (ALS) and Basic Life Support (BLS) Ambulance Transport Services, Interfacility Transport and Critical Care Transport in the Comprehensive Service Area. The successful Proposer will be granted a contract for exclusive operating rights for services within the Comprehensive Service Area for an initial period of five (5) years. Proposals were due by March 23, 2023.
Proposals were submitted and the Proposers included American Medical Response (AMR) and the ConFire Alliance. The County has scored the submitted proposals and is ready to award the ambulance transport contract to the successful Proposer.
The ConFire Alliance has advanced solutions to address bed delays, clear up space in the hospitals which will put our Fire Engines back in service quicker and improve response 3 3
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times. Additionally, the ConFire Alliance is a public-private partnership that will bring in a new First Responder revenue stream that AMR is statutorily unable to access. This will bolster our EMS services and allow greater improvements to the health and well-being of our residents. Lastly, ConFire was the only provider to obtain support from law enforcement, hospitals, multiple cities in the County, and even specialized providers.
Discussion:
Per Chapter 8 of the City Council Policies and Procedures Manual:
A. Issue Position Statements: When members are requested to speak to groups or are asked the Council’s position on an issue, the response should reflect the position of the Council as a whole taken in open session. When representing the City at meetings or other venues, it is essential that those in attendance gain an understanding of the City Council’s position rather than that of an individual member.
Staff recommends that the Honorable City Council take a position which supports an award of the County’s ambulance contract and authorize the Mayor and Mayor Pro Tem to speak at the upcoming County Board of Supervisors meeting in support of the award of the ambulance transport contact to the ConFire Alliance.
Staff remains available for any questions or comments.
Attachments: None
Item Number: 21
City Council / Board of Directors
Written Communications
Meeting of: November 7, 2023
Submitted By:
Jennifer Thompson, City Clerk
Subject:
Cancellation of the November 21, 2023, regular City Council meeting Recommendation:
Any action is at the discretion of Your Honorable City Council.
Fiscal Impact:
There is no fiscal impact associated with this item.
Background:
At the City Council meeting of October 17, 2023, it was moved by Mayor Jones and approved by a majority vote to agendize an item for discussion and possible action for the cancellation of the November 21, 2023, regular City Council meeting.
Discussion:
Pursuant to Chapter 3, Section III B of the City Council Policy and Procedure Manual, any regular or special meeting of the Council may be cancelled in advance by a majority vote of the Council during a prior meeting of the Council. This item is being presented so that the Council can further discuss and determine if it wishes to cancel the November 21, 2023, regular City Council meeting.
Staff remains available for any questions or comments you might have.
Attachments: None
Item Number: 22
City Council / Board of Directors
Written Communications
Meeting of: November 7, 2023
Submitted By:
Jennifer Thompson, City Clerk
Subject:
Revisions to Council Policy CP-12-01 – Expense Reimbursement Policy Recommendation:
Any action is at the discretion of Your Honorable City Council.
Fiscal Impact:
There is no fiscal impact associated with this item.
Background:
At the City Council meeting of September 19, 2023, it was moved by Mayor Jones and approved by a majority vote to agendize an item for discussion and possible action regarding updating Council Policy CP-12-01, Section 5 related specifically to meal per diem maximum allowances during travel.
Discussion:
This item is being presented to Council so that Council can further discuss and determine meal per diem maximum allowances during travel.
Staff remains available for any questions or comments you might have.
Attachments: A. Council Policy CP-12-01
ATTACHMENT A
CITY OF VICTORVILLE
COUNCIL POLICY
SUBJECT:
EXPENSE REIMBURSEMENT POLICY
POLICY NO: CP-12-01
SUPERCEDES:
Council Policies: CP -89-2 dated March 21, 1982;
CP-91-3, dated April 16, 1991; CP -93-3, dated
January 1, 1992; CP -96-1 dated March 12, 1996;
and CP-01-1 dated October 16, 2001
Administrative Policies: C-4 dated December 15,
1975
DATE: September 18, 2012
I. RESPONSIBILITY
City officials and employees are required from time to time to attend various meetings , conferences and seminars or other events which relate directly to City programs, policies, operations and activities. Accordingly, it is the intent of this policy to establish rules and guidelines governing reimbursement for actual and necessary expenses incurred in the performance of these duties. This policy conforms to the requirements of California Government Code se ctions 53232 through 53232.4 to the extent that such requirements are applicable to charter cities under the California Constitution.
It is the responsibility of each official/employee to accomplish essential City travel as economically as feasible. The C ity Manager shall administer the provisions of the Expense Reimbursement Policy and shall have the authority to reduce or exclude expenses whenever, in his or her judgment, they are not necessary or reasonable as outlined in this Policy.
II. CITY MANAGER APPROVAL REQUIRED
Prior City Manager approval is required for all officials attendance and reimbursement for meetings, conferences, seminars and events to be held interstate or internationally.
II. COVERED TRAVEL AND MEETING EXPENSES
All reimbursement for travel, whether one day or multiple days, will require submittal of the City reimbursement form . The Department Head (for employees) and the City Manager (for officials) must approve all travel expenses prior to any funds being advanced or reimbursed by the City.
Examples of expenses that the City will not reimburse include, but are not limited to:
A. The personal portion of any trip;
B. Political or charitable contributions or events;
C. Family expenses, including spouse/partner expenses when accompanying an official/employee on City business, as well as children or pet-related expenses;
D. Entertainment expenses, including theater, movies (either in -room or at the theater), sporting events (including gym, massage and/or gol f related expenses), or other cultural events;
E. Alcohol/personal bar expenses;
F. Laundry or dry cleaning expenses;
G. Non-mileage personal automobile expenses, including repairs, traffic citations, insurance or gasoline; and
H. Personal losses incurred while on City business.
Any questions regarding the propriety of a particular type of expense should be resolved by the Department Head or City Manager before the expense is incurred.
III. TRANSPORTATION
The most economical mode and class of transportation reasonably consistent with scheduling needs must be used, using the most direct and time -efficient route. In an effort to reduce emissions and save costs , transportation should be considered in the following order:
A. Carpooling: Whenever possible, officials and employees will carpool, if they are attending the same event at the same time.
B. City Vehicles: Officials and employees should use a City vehicle whenever possible.
There shall be no allowance or reimbursement for transportation when a City vehicle is used. Receipted fuel expenses will be reimbursed.
C. Use of Privately Owned Vehicles: Documented automobile mileage is reimbursed at Internal Revenue Service (IRS) rates presently in effect (see www.irs.gov). These rates are designed to compensate the driver for gasoline, insurance, maintenance, and other expenses associated with operating the vehicle. The IRS rates will not be paid for rental vehicles; only receipted fuel expenses will be reimbursed. Mileage reimbursement will be provided from the workplace to and from the event only; the City will not reimburse for mileage for personal travel.
Where an empl oyee is paid a monthly car allowance, only documented mileage in excess of 200 miles per event shall be reimbursed.
D. Car Rental: Car rentals should be used when the rental and projected gas is at least $50 less than mileage for privately owned vehicle; or when required for traveling to or from the ai rport/hotel when the cost is less than taxi or shuttle fares as outlined herein. Receipted fuel expenses will be reimbursed.
E. Airfare: Airfares that are equal to or less than those available through the Enhanced Local Government Airfare Program offered through the League of California Cities (www.cacities.org/travel), the California State Association of Counties (http://www.csac.counties.org/default.asp?id=635) and the State of California are presumed to be the most economical and reasonable for purposes of reimbursement under this policy.
F. Taxi or Shuttle: Taxi or shuttle fares may be reimbursed to or from the airport/hotel, including a 15 percent gratuity per fare, when the cost of such fares is equal to or less than the cost of car rentals, gasoline and parking combined, or when such transportation is necessary for time-efficiency.
IV. LODGING
The cost of lodging will be paid by the City at the rates listed below, plus the cost of any applicable taxes. If the event requires no more than two (2) hours travel and starts at 9:00 a .m. or later, lodging will not be paid for the night before the even t. In general lodging will not be paid for the night after the event. If the event ends after 8:00 p .m. or later and requires more than three (3) hours travel time, lodging may be paid. Tips for baggage are not reimbursable.
A. Conferences/Meetings: If such lodging is in connection with a conference, lodging expenses must not exceed the group rate published by the conference sponsor for the meeting in question if such rates are available at the time of booking. If the group rate is not available, see next section.
B. Other Lodging: Officials/employees must request government rates, when available.
Lodging rates that are equal to or less than government rates are presumed to be reasonable and hence reimbursable for purposes of this policy.
If the official/employee chooses to incur additional costs that are above the rates established above, then they may do so at their own expense.
V. MEAL ALLOWANCE
The maximum itemized cost for individual meals (including tax and tip) is as follows:
Breakfast - $10, Lunch - $15, and Dinner - $25. The meal per diem allowance to cover the costs of meals (including tax and tip) shall not exceed $50.00 per day. The daily meal per diem shall not be used if any meals are provided by, or included with the registration of the event or hotel. If the event does not provide for special dietary needs, the meal allowance will be given. The City does not reimburse for alcohol.
VI. REGISTRATION
The City shall pay for registration fees as required for attendance.
VII. COMMUNICATION CHARGES
The City will reimburse telephone, fax, and internet charges utilized for City -related business purposes; such services used for personal reasons will not be reimbursed .
Where an official/employee is paid a month ly cell phone allowance, no telephone charges shall be reimbursed.
VIII. MISCEALLEOUS EXPENSES
Other miscellaneous expenses may be reimbursable if reasonably related and necessary to the authorized activity which the official/employee is attending as follows:
A. Long-term airport parking, if the travel period exceeds 24 hours.
B. On-site hotel parking or other reasonable parking fees.
C. Bridge and toll fees.
IX. REIMBURSEMENT FROM OTHER AGENCIES AND ORGANIZATIONS
Where reimbursement of all or part of travel and meeting expense is made by other organizations or agencies , such reimbursement shall be submitted directly to the City and shown on the City reimbursement form.
X. SUBMISSION DEADLINE
The City reimbursement fo rm must be submitted to the Department Head or City Manager within 30 days after returning from the event. To be reimbursed for travel expenditures, the City reimbursement form must be signed and submitted along with receipts supporting the expenses. No reimbursement shall be made until the City reimbursement form has been properly executed and approved by the Department Head or City Manager . The inability to provide receipts or other supporting documentation of expenses within the 30 days, and/or wit h the City reimbursement form, will result in the expense being borne by the official/employee.
XI. MEETING REPORTS
Council Members who attend meetings, conferences, seminars or events at the City’s expense will provide brief oral or written reports on those meetings at the next regular City Council meeting.
Employees whose total travel/training cost exceeds $500 will provide a brief report (less than one page) on the content of the tr aining, conference or event to the Department Head and City Manager. The report is to be submitted with the City reimbursement form.
XII. ON DUTY
All City personnel policies are in effect while an official/employee is serving in their official capacity.
XIII. TRAVEL ADVANCES
All requests for travel advances shall be submitted to the Finance Division as outlined in the Procedures for Use of the City of Victorville Credit Card Account. Any unused advance must be r eturned to the City along with the City reimbursement form and receipts documenting how the advance was used in compliance with this expense reimbursement policy.
XIV. CREDIT CARD USE POLICY
The City does not issue credit cards to individual office holders or employees but does have a City credit card for selected City expenses. City officials/employees may use the City’s credit card for such purposes as airline tickets and hotel reservations by following the Procedures for Use of the City of Victor ville Credit Card Account . Receipts documenting expenses incurred on the City credit card and compliance with this poli cy must be submitted with the City expense reimbursement form.
City credit cards may not be used for personal expenses, even if the official/employee subsequently reimburses the City.
XV. COMPLIANCE WITH LAWS
Officials and employees should be aware that some expenditures may be subject to reporting under the Political Reform Act and other laws. In addition, all City expenditures are public records subject to disclosure under the Public Records Act.
XVI. VIOLATION OF THIS POLICY
Misuse of public resources or falsifying expense reports in violation of this policy may result in any or all of the following:
A. Loss of reimbursement privileges,
B. Restitution to the City of Victorville,
C. Civil penalties for misuse of public resources, and
D. Prosecution for misuse of public resources.
Item Number: 23
City Council / Board of Directors
Consent Calendar
Meeting of: November 7, 2023
Submitted By:
Andre de Bortnowsky, City Attorney
Subject:
Resolution No. 23-093 Disapproval of Actions taken by Councilmember Gomez and Reprimand of Councilmember Gomez related to her actions.
Recommendation:
Any action taken is at the discretion of the City Council.
Fiscal Impact:
There is no fiscal impact associated with this item.
Strategic Action Plan
Not Applicable.
Background:
During the Council meeting of October 17, 2023, the Council approved a request made by Mayor Jones to place a matter on the agenda to address actions taken by Councilmember Gomez and at City Hall on October 3 rd, 2023, and to Reprimand Councilmember Gomez for such actions.
Discussion:
In order to serve the citizens of the City in a professional, respectful, and courteous manner, the City has previously adopted the City of Victorville City Council Policy and Procedures Manual (the “Policy Manual”).
The Policy Manual contains Norms of Conduct that are to be followed by City Council Members when interacting with City Staff and members of the public, which Norms are set forth in Chapter 2, Section V.C.
On October 3rd, 2023, Councilmember Gomez was in the Victorville City Hall where she was asked by a Security Guard for identification consistent with adopted City policies and 2 5
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security protocols. Councilmember Gomez refused to provide such identification and instead used profanity in response to the Security Guard’s questions and ignored the Security Guard’s direction. The actions and conduct of Councilmember Gomez were reported to City Management by the Security Guard and were captured on the City surveillance camera and are more fully described in Attachment B, attached hereto.
The City Council does not condone Councilmember Gomez’s actions as described above and deems it appropriate to reprimand Councilmember Gomez for such behavior in violation of the City Council’s adopted Policy Manual.
Attachments: A. Resolution No. 23-093
B. Report of Actions by Councilmember Gomez on October 3, 2023
ATTACHMENT A
RESOLUTION NO. 23-093
RESOLUTION NO. 23-093
A RES
OLUTION OF THE CITY COUNCIL OF THE CITY OF
VICTORVILLE, CALIFORNIA TO EXPRESS DISAPPROVAL OF
ACTIONS TAKEN BY COUNCILMEMBER GOMEZ AND TO
REPRIMAND COUNCILMEMBER GOMEZ.
WHEREAS, the City Council of the City of Victorville (the “City Council”) is proud to serve the citizens of this great City of Victorville (“City”); and WHEREAS, in order to serve the citizens of the City in a professional, respectful, and courteous manner, the City has previously adopted the City of Victorville City Council Policy and Procedures Manual (the “Policy Manual”); and
WHEREAS, the Policy Manual contains Norms of Conduct that are to be followed by City Council Members when interacting with City Staff and members of the public, which Norms are set forth in Chapter 2, Section V, B. and C.; and
WHEREAS, on October 3rd, 2023, Councilmember Gomez was in the Victorville City Hall where she was asked by a Security Guard for identification consistent with adopted City policies and security protocols. Councilmember Gomez refused to provide such identification and instead used profanity in response to the Security Guard’s questions and ignored the Security Guard’s direction all as more f ully described in Attachment B to the Staff R eport accompanying this Resolution; and
WHEREAS, the actions and conduct of Councilmember Gomez were reported to City Management by the Security Guard and were captured on the City surveillance cameras; and WHEREAS, the City Council does not condone Councilmember Gomez’s actions as described in the above Recitals and deems it appropriate to reprimand Councilmember Gomez for such behavior in violation of the City Council’s adopted Policy Manual.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF VICTORVILLE ,
CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
SE
CTION 1.
SE
CTION 2.
SE
CTION 3.
SE
CTION 4.
SECTION 5.
The City Council declares that all Councilmembers should abide by the provisions of the City’s Policy Manual and the Norms co ntained therein; and
The City Council hereby finds that the actions taken by Councilmember Gomez on October 3rd, 2023, as described
above are violative of the City’s Policy Manual; and
The City Council hereby reprimands Councilmember Gomez for her actions and instructs her to comply with the provisions of the City’s Policy Manual.
That the City Clerk shall certify the passage and adoption of this Resolution.
That this Resolution shall be effective immediately upon its adoption.
ATTACHMENT B
Report of Actions by Councilmember Gomez on October 3, 2023 1 From: Sophie Smith <[email protected]>
Sent: Thursday, October 5, 2023 6:31 PM
To: Keith Metzler <[email protected]>
Subject: Incident involving Councilmember Gomez
Keith,
I wanted to inform you about an incident involving Councilmember Gomez as described below:
On the afternoon of Tuesday October 3, I gave instructions to one of the City Hall security guards regarding City Council meeting attendees being directed to the north entrance to go through the metal detectors. During this conversation, the security guard told me if I received a complaint about a person going upstairs, he wanted to let me know he tried to stop the person but she would not comply. He said he asked her if she was a city employee, and she said she worked “for the f*#kin’ City Manager’s Department” and she didn’t need one. She was dressed in all black. The security guard apologized to me for not being able to stop her, but he also had people he was directing to the lengthy customer service line, and he said she yelled at him and was upset she was had been asked for ID. I assure the security guard that it is city policy that employees are easily identified with a city uniform, or their city‐issued ID badge. I assured him he did nothing wrong by asking for this person’s ID and that if I learned that was one of our employees, they would be spoken to accordingly. I told him I really could not believe one of the City Manager’s staff would curse and yell at him.
Today, camera footage of the incident was found from approximately 12:35 pm on October 3, 2023. The person involved in this incident was found to be Councilmember Gomez. While I’m glad it was not a city employee, I’m embarrassed that it was a Councilmember.
I went to the security guard today and told him it was not a city employee. I let him know that unfortunately it was one of our Council members and I apologized on behalf of the city. I told him that the area she entered was for city employees only and that he was correct in asking for her ID. I told him this information in case there is a future incident so he knows it is a Councilmember and can contact the CM office accordingly. I explained to him that she is not one of our employees so there was nothing further I could do, but again apologized for her inappropriate behavior.
Sophie L. Smith
Deputy City Manager
Sent from my iPad