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Home My WebLink AboutMCC Agenda Packet 07-19-2023Mayor and City Council of the City of San Bernardino Page 1 CITY OF SAN BERNARDINO AGENDA FOR THE REGULAR MEETING OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY, MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT AGENCY, AND MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE HOUSING AUTHORITY, AND MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY WEDNESDAY, JULY 19, 2023 5:30 PM CLOSED SESSION 7:00 PM OPEN SESSION FELDHEYM CENTRAL LIBRARY • SAN BERNARDINO, CA 92410 • WWW.SBCITY.ORG Theodore Sanchez Helen Tran Damon L. Alexander COUNCIL MEMBER, WARD 1 COUNCIL MEMBER, WARD 7 MAYOR Sandra Ibarra Charles E. McNeely COUNCIL MEMBER, WARD 2 INTERIM CITY MANAGER Juan Figueroa Sonia Carvalho COUNCIL MEMBER, WARD 3 CITY ATTORNEY Fred Shorett Genoveva Rocha MAYOR PRO TEM, WARD 4 CITY CLERK Ben Reynoso COUNCIL MEMBER, WARD 5 Kimberly Calvin COUNCIL MEMBER, WARD 6 Welcome to a meeting of the Mayor and City Council of the City of San Bernardino. PLEASE VIEW THE LAST PAGES OF THE AGENDA FOR PUBLIC COMMENT OPTIONS, OR CLICK ON THE FOLLOWING LINK: TINYURL.COM/MCCPUBLICCOMMENTS Please contact the City Clerk's Office (909) 3845002 two working days prior to the meeting for any requests for reasonable accommodation, to include interpreters. To view PowerPoint presentations, written comments, or any revised documents for this meeting date, use this link: tinyurl.com/agendabackup. Select the corresponding year and meeting date folders to view documents. Mayor and City Council of the City of San Bernardino Page 2 CALL TO ORDER Attendee Name Council Member, Ward 1 Theodore Sanchez Council Member, Ward 2 Sandra Ibarra Council Member, Ward 3 Juan Figueroa Mayor Pro Tem, Ward 4 Fred Shorett Council Member, Ward 5 Ben Reynoso Council Member, Ward 6 Kimberly Calvin Council Member, Ward 7 Damon L Alexander Mayor Helen Tran Interim City Manager Charles E. McNeely City Attorney Sonia Carvalho City Clerk Genoveva Rocha 5:30 P.M. CLOSED SESSION PUBLIC COMMENT CLOSED SESSION Pg. 14 A) CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) and (d)(1): i. The Estate of Rob Marquise Adams, by and through its Personal Representatives, Tamika King, et al. v. City of San Bernardino, United States District Court Case No. 5:22cv02206JGBSP ii. Andrea Miller v. City of San Bernardino, et al., San Bernardino Superior Court Case No. CIVDS2015337 and Court of Appeals Case No. E080807 iii. Promise Gracia, et al. v. City of San Bernardino, San Bernardino Superior Court Case No. CIVSB2301828 iv. Brian Pellis, John Vasek v. City of San Bernardino, San Bernardino Superior Court Case No. CIVSB2226731. B) PUBLIC EMPLOYEE APPOINTMENT (Pursuant to Government Code Section 54957) City Manager 7:00 P.M. INVOCATION AND PLEDGE OF ALLEGIANCE CLOSED SESSION REPORT Mayor and City Council of the City of San Bernardino Page 3 PRESENTATIONS 1. Economic Development Tools Presentation by Kosmont Companies (All Wards) Pg. 15 2. Citizen of the Month – Brandon Eldiab, Jimmy’s Liquor – 1st Ward Pg.38 3. Citizen of the Month – Marti Christiansen, Business Watch – 1st Ward Pg. 40 4. Citizen of the Month – Gurpreet Singh, La Cadena Market – 1st Ward Pg.42 5. Citizen of the Month – Luis Ojeda, We Are The Change – 1st Ward Pg. 44 APPOINTMENTS 6. Animal Control Commission Appointment of Sharon A. Negrete (Ward 4) Pg. 46 7. Downtown Advisory Committee Appointment of Vincent D. Laster (Ward 4) Pg.54 8. Arts and Historical Preservation Commission Appointment of Jeffreda Curry (Ward 4) Pg. 65 9. Measure S Citizens Oversight Committee Appointment of Jeffreda Curry (Ward 4) Pg. 78 10. Parks, Recreation and Community Services Commission Appointment of Esmeralda Negrete (Ward 4) Pg. 88 PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA CITY MANAGER UPDATE CONSENT CALENDAR 11. Approval of Mayor and City Council Meeting Minutes Pg. 96 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the minutes for the following meetings: January 11, 2023 Special Meeting, January 18, 2023 Special Meeting; January 18, 2023 Regular Meeting; March 1, 2023 Regular Meeting. 12. Agreement with Center for Employment Opportunities (CEO) (All Wards) Pg. 133 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Authorize the City Manager to execute a Maintenance Services Agreement with the Center for Employment Opportunities, (CEO), for Citywide rightofway maintenance services, litter/illegal dumping collection, and weed abatement. 2. Adopt Resolution No. 2023116 authorizing the Agency Director of Administrative Services to amend the FY2023/24 Gas Tax Operating Budget Revenue and Expenditures by $464,340 for rightofway cleanup services and weed abatement; and 3. Authorize the Agency Director of Administrative Services to issue a purchase order not to exceed the amount of $1,014,340. Mayor and City Council of the City of San Bernardino Page 4 13. CoApplicant for Round 5 Transformative Climate Communities Program Grant Funding (Ward 1, Ward 2) Pg. 200 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Authorize the Interim City Manager, or designee, to submit an application as a co applicant of the Housing Authority of San Bernardino County to the Round 5 Transformative Climate Communities Program for the Arrowhead Grove Redevelopment Project; and 2. Authorize the Interim City Manager, or designee, to enter into a partnership agreement as part of the application process detailing the collaborative stakeholder structure, and signing subsequent, necessary, and related documents to implement the agreement. 14. Approve the Purchase of Handheld Transceiver Radios from Motorola Solutions for Code Enforcement Officers Pg. 222 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Authorize the City Manager to approve a Goods Purchasing Agreement with Motorola Solutions, Inc.; and 2. Authorize the Agency Director of Administrative Services to issue a purchase order in the amount of $130,164.29 for Handheld Transceiver Radios for Code Enforcement Officers. 15. Imposing Liens on Certain Real Property to Recover Costs for Code Enforcement Abatements of Public Nuisance Pg. 238 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2023115, imposing liens on certain real property located within the City of San Bernardino to recover costs for Code Enforcement abatement of public nuisance. 16. Resolution and Amendment to the California Department of Housing and Community Development Standard Agreement for Permanent Local Housing Allocation Funds Spending Plan and Allocations (All Wards) Pg. 245 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Adopt Resolution 2023097 of the Mayor and City Council of the City of San Bernardino, amending Resolution 202092, as required by the California Department of Housing and Community Development, authorizing the Director of Community Housing and Economic Development, and the Deputy Director of Housing and Homelessness to execute the Permanent Local Allocation Program documents, and amending the Permanent Local Housing Allocation Funds Section 302 (c)(4) plan; and 2. Authorize termination of the Permanent Local Housing Allocation Program Subrecipient Agreement between the City of San Bernardino and Step Up on Second Street, Inc. Mayor and City Council of the City of San Bernardino Page 5 17. Fiscal Year 202324 Special Tax Levies for Previously Formed Community Facilities Districts (Wards 3 and 5) Pg. 279 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Adopt Resolution No. 2023098 of the Mayor and City Council of the City of San Bernardino, California, Levying Special Taxes to be Collected During Fiscal Year 202324 to Pay the Annual Cost of Public Safety Services and Administrative Expenses within Community Facilities District No. 20181 (Safety Services) of the City of San Bernardino; 2. Adopt Resolution No. 2023099 of the Mayor and City Council of the City of San Bernardino, California, Levying Special Taxes to be Collected During Fiscal Year 202324 to Pay for Facilities or to Pay Principal and Interest on Bonds and Administrative Expenses within Community Facilities District No 20182 (Verdemont Ranch) of the City of San Bernardino; 3. Adopt Resolution No. 2023100 of the Mayor and City Council of the City of San Bernardino, California Levying Special Taxes to be Collected During Fiscal Year 2023 24 to Pay the Annual Cost of Maintenance Services and Administrative Expenses within Community Facilities District No. 20191 (Maintenance Services) of the City of San Bernardino; 4. Adopt Resolution No. 2023101 of the Mayor and City Council of the City of San Bernardino, California, Levying Special Taxes to be Collected During Fiscal Year 202324 to Pay for Facilities or to Pay Principal and Interest on Bonds and Administrative Expenses within Community Facilities District No. 20201 (Rancho Palma) of the City of San Bernardino; 5. Adopt Resolution No. 2023102 of the Mayor and City Council of the City of San Bernardino, California, Levying Special Taxes to be Collected During Fiscal Year 202324 to pay for Facilities or to Pay Principal and Interest on Bonds and Administrative Expenses within Community Facilities District No. 20211 (Ferree Street) of the City of San Bernardino; and 6. Adopt Resolution No. 2023103 of the Mayor and City Council of the City of San Bernardino, California, Levying Special Taxes to be Collected During Fiscal Year 202324 to Pay for Facilities or to Pay Principal and Interest on Bonds and Administrative Expenses within Community Facilities District No. 20222 (Palm) of the City of San Bernardino. 18. Approval of Commercial and Payroll Disbursements (All Wards) Pg. 332 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California approve the commercial and payroll disbursements for June 2023. 19. Appropriation of AQMD Funds for Vanpool Program (All Wards) Pg. 439 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Authorize the Agency Director of Administrative Services to appropriate a total of $37,000 using the AB2788 Air Quality fund; and, 2. Adopt Resolution No. 2023104 authorizing the Agency Director of Administrative Services to amend the FY 2022/23 and FY 2023/24 Operating Budget by $13,000 and $24,000, respectively. Mayor and City Council of the City of San Bernardino Page 6 20. Review of Administrative Budget Transfers (All Wards) Pg. 464 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, review and file all listed administrative budget transfers from April 1, 2023 through June 30, 2023. 21. Authorize the issuance of purchase orders for the ongoing maintenance and support services for annual software and hardware usage fees with A tel Communications, Solutions Simplified for DocuSign Software Services, Tyler Technologies, Granicus, Harris Computers, NPA and Verizon. Pg. 467 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the Agency Director of Administrative Services to execute the ongoing purchase orders for Annual Usage Fees, Software Maintenance, and Hardware Maintenance with Atel Communications, Solutions Simplified for DocuSign Software Services, Tyler Technologies, Granicus, Harris Computers, NPA Computers, and Verizon for a combined total not to exceed $1,197,572.69. 22. 20222025 Retired and Senior Volunteer Program (RSVP) – 2nd year of a 3year Grant Award (All Wards) Pg. 503 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Adopt Resolution No. 2023105 approving a continuation of submitted budget application for year two of a threeyear grant through the National and Community Services Retired and Senior Volunteer Program; and, 2. Authorize the City Manager to accept the grant award in the amount of $54,809; and, 3. Authorize the Agency Director of Administrative services to amend the budget to appropriate the grant funds for the period of April 1, 2023, through March 31, 2024. 23. Accept 2021 Homeland Security Grant (All Wards) Pg. 333 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Adopt Resolution No. 2023106 authorizing the City Manager to accept the 2021 Homeland Security Grant Program funds; and, 2. Authorize the Agency Director of Administrative Services to amend the Fiscal Year 2023/24 Adopted Budget revenue and expenditures by $41,111. 24. Authorize Agreement with Law Enforcement Medical Services (All Wards) Pg.570 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager to execute a Professional Services Agreement with Law Enforcement Medical Services, Inc. and authorize an annual Purchase Order in the amount of $100,000 effective July 1st, 2023. Mayor and City Council of the City of San Bernardino Page 7 DISCUSSION 25. Regional Housing Trust Letter of Intent Pg. 627 Recommendation: It is recommended that the Mayor and City Council approves the City joining the SanBernardino Regional Housing Trust, a Joint Powers Authority (JPA) formed among cities within the San Bernardino County Region to gain competitiveness and improve financial viability so that the City can increase affordable housing developments. 26. American Rescue Plan Update (All Wards) Pg. 663 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Reallocate $1,560,000 of funds from the Water Lead Service Connector Program and commit $8,440,000 in additional American Rescue Plan Act (ARPA) funds for a total of $10,000,000 to IT infrastructure and the City’s Enterprise Resource Planning (ERP) system; 2. Adopt Resolution No. 2023107 authorizing the Agency Director of Administrative Services to amend the FY 2022/232023/24 Biennial Budget by $8,440,000 in American Rescue Plan funds; and 3. Receive and file this update on the ARP funds allocation, spending opportunities, investments and spending to date. 27. Concept Plan Approval for Seccombe Lake Park Revitalization Project (Ward 1) Pg. 755 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the concept plans prepared for Seccombe Lake Park Revitalization Project and direct staff to proceed with final design for the project. PUBLIC HEARING 28. Public Hearings on Fiscal Year 2023/24 Assessment Levies for Previously Formed Assessment Districts. (All Wards) Pg. 765 Recommendation: Hold public hearings and: 1. Adopt Resolution No. 2023108 of the Mayor and City Council of the City of San Bernardino, California, Confirming the Diagram and Assessment for Assessment District No. 1022 and Zones 1, 2 and 3 thereof for Fiscal Year 202324; 2. Adopt Resolution No. 2023109 of the Mayor and City Council of the City of San Bernardino, California, Confirming the Diagram and Assessment for Assessment District Nos. 1017, 1019, 1020, 1023 and 1024 for Fiscal Year 202324; 3. Adopt Resolution No. 2023110 of the Mayor and City Council of the City of San Bernardino, California, Confirming the Diagram and Assessment for Assessment District Nos. 1028, 1029, 1030, 1031, 1032, 1035 (ZONE 1), 1035 (ZONE 2), 1036, 1037, 1038, 1039, 1040, 1041, 1042, 1043 (ZONE 1), 1043 (ZONE 2), 1045, 1046, 1047, 1048, 1050, 1052, 1054, 1055, 1056, 1057, 1059, 1060, 1063, 1064 and 1068 for Fiscal Year 202324; 4. Adopt Resolution No. 2023111 of the Mayor and City Council of the City of San Bernardino, California, Confirming the Diagram and Assessment for Assessment District Nos. 951 (ZONE 1), 951 (ZONE 2), 952 (ZONES 1, 2 AND 2A), 952 (ZONE 3), 953, 956, 959 (ZONE 1), 962, 963, 968, 974, 975, 976, 981, 982, 986, 989, 991, 993, 997, 1001, 1002, 1005, 1007, 1012 and 1016 for Fiscal Year 202324; and 5. Adopt Resolution No. 2023112 of the Mayor and City Council of the City of San Bernardino, California, Confirming the Diagram and Assessment for Assessment District Nos. 1025 and 1027 for Fiscal Year 202324. Mayor and City Council of the City of San Bernardino Page 8 29. Public Hearing Regarding Solid Waste Rate Increases and Resolution Adopting Rates for Solid Waste Services, Approving Third Amendment to the City’s Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing and Disposal Services with Burrtec Waste Industries, Inc., and Finding the Action Exempt from the California Environmental Quality Act (All Wards) Pg. 789 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California execute the following actions: 1. Proceed with the continued Public Hearing to receive comments on the proposed rate increases and Third Amendment to the City’s Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing and Disposal Services with Burrtec Waste Industries, Inc. (“Burrtec”); and 2. Close the Public Hearing after all public comments have been heard; and 3. Determine if written protests have been received from the owners and tenants from parcels which are subject to the solid waste service rate increases, and, if a majority protest is not received; and 4. Adopt either: a. Resolution No. 2023113, a Resolution of the Mayor and City Council of the City of San Bernardino, California, Approving Third Amendment to the Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services with Burrtec Waste Industries, Inc., Adopting Maximum Permitted Service Rates, and Finding this Action Exempt from the California Environmental Quality Act (Option A, previously referred to as Rate Option 2), or b. Resolution No. 2023114, a Resolution of the Mayor and City Council of the City of San Bernardino, California, Approving Third Amendment to the Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services with Burrtec Waste Industries, Inc., Adopting Maximum Permitted Service Rates, and Finding this Action Exempt from the California Environmental Quality Act (Option B, previously referred to as Rate Option 4). ITEMS TO BE CONSIDERED FOR FUTURE MEETINGS 30. San Bernardino Regional Housing Trust (All Wards) Council Member Alexander Pg. 1022 MAYOR & CITY COUNCIL UPDATES/REPORTS ON CONFERENCES & MEETINGS ADJOURNMENT The next joint regular meeting of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency will be held on August 02, 2023, at the Feldheym Central Library located at 555 West 6th Street, San Bernardino, California 92401. Closed Session will begin at 5:30 p.m. and Open Session will begin at 7:00 p.m. Mayor and City Council of the City of San Bernardino Page 9 CERTIFICATION OF POSTING AGENDA I, Telicia Lopez, CMC, Chief Deputy City Clerk for the City of San Bernardino, California, hereby certify that the agenda for the July 19, 2023 Regular Meeting of the Mayor and City Council and the Mayor and City Council acting as the Successor Agency to the Redevelopment Agency was posted on the City's bulletin board located at 201 North "E" Street, San Bernardino, California, at the Feldheym Central Library located at 555 West 6th Street, San Bernardino, California, and on the City's website sbcity.org on Friday, July 14, 2023. I declare under the penalty of perjury that the foregoing is true and correct. Telicia Lopez Telicia Lopez, CMC, Chief Deputy City Clerk Mayor and City Council of the City of San Bernardino Page 10 NOTICE: Any member of the public desiring to speak to the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency concerning any matter on the agenda or not on the agenda, which is within the subject matter jurisdiction of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency may address the body during the period reserved for public comments. In accordance with Resolution No. 201889 adopted by the Mayor and City Council on March 21, 2018, the following are the rules set forth for Public Comments and Testimony: Public Comments and Testimony: Rule 1. Public comment shall be received on a first come, first served basis. If the presiding officer determines that the meeting or hearing may be lengthy or complicated, the presiding officer may, in his or her discretion, modify these rules, including the time limits stated below. Rule 2. All members of the public who wish to speak shall fill out a speaker' s reservation card and turn in the speaker reservation card to the City Clerk prior to the time designated on the agenda. Comments will be received in the order the cards are turned in to the City Clerk. Failure of a person to promptly respond when their time to speak is called shall result in the person forfeiting their right to address the Mayor and City Council. Rule 3. The presiding officer may request that a member of the public providing comment audibly state into the microphone, if one is present, his or her name and address before beginning comment. If that person is representing a group or organization the presiding officer may request that the speaker identify that group or organization, including that group or organization' s Address. Rule 4. Notwithstanding the provisions of Rule 2 and 3 above, a person shall not be required to provide their name or address as a condition of speaking. Rule 5. Time Limits: 5. 01 Each member of the public shall have a reasonable time, not to exceed three ( 3) minutes per meeting, to address items on the agenda and items not on the agenda but within the subject matter jurisdiction of the Mayor and City Council. 5. 02 Notwithstanding the time limits set forth in subsection 5. 01 above, any member of the public desiring to provide public testimony at a public hearing shall have a reasonable time, not to exceed ( 3) minutes, to provide testimony during each public hearing. Mayor and City Council of the City of San Bernardino Page 11 Any member of the public desiring to speak to the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency concerning any matter not on the agenda but which is within the subject matter jurisdiction of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency may address the body at the end of the meeting, during the period reserved for public comments. Said total period for public comments shall not exceed 60 minutes, unless such time limit is extended by the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency. A threeminute limitation shall apply to each member of the public, unless such time limit is extended by the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency. No member of the public shall be permitted to "share" his/her three minutes with any other member of the public. Speakers who wish to present documents to the governing body may hand the documents to the City Clerk at the time the request to speak is made. The Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency may refer any item raised by the public to staff, or to any commission, board, bureau, or committee for appropriate action or have the item placed on the next agenda of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency. However, no other action shall be taken nor discussion held by the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency on any item which does not appear on the agenda unless the action is otherwise authorized in accordance with the provisions of subdivision (b) of Section 54954.2 of the Government Code. Public comments will not be received on any item on the agenda when a public hearing has been conducted and closed. Mayor and City Council of the City of San Bernardino Page 12 PUBLIC COMMENT OPTIONS Please use ONE of the following options to provide a public comment: 1) Written comments can be emailed to publiccomments@sbcity.org. Written public comments received up to 4:00 p.m. on the day of the meeting (or otherwise indicated on the agenda) will be provided to the Mayor and City council and made part of the meeting record. They will not be read aloud unless you require an ADA accommodation. Please note: messages submitted via email and this page are only monitored from the publication of the final agenda until the deadline to submit public comments. Please contact the City Clerk at 9093845002 or SBCityClerk@sbcity.org for assistance outside of this timeframe. 2) Attend the meeting in person and fill out a speaker slip. Please note that the meeting Chair decides the cutoff time for public comment, and the time may vary per meeting. If you wish to submit your speaker slip in advance of the meeting, please submit your request to speak using the form on the following page: https://tinyurl.com/mccpubliccomments 3) REMOTE PARTICIPATION VIA ZOOM (For public comment only meeting will not be viewable on Zoom) a) You can use a mobile phone or a landline to dial into a Zoom meeting. i) Dial (669) 9006833. When prompted, enter the Meeting ID: 6778459453 Passcode:2023 The public may begin joining the meeting on Zoom or by callingin to be added to the speaker queue at 5:15 PM for Closed Session. Once admitted to the Zoom Public Comment meeting to request to speak at the appropriate time: ii) Dial *9 from your phone to raise your hand via Zoom If calling in staff will confirm the last four digits of the caller's phone number and unmute them, the caller must then press *6 to speak from their device. Callers are encouraged, but not required, to identify themselves by name. Each caller will be provided three (3) minutes to speak. If you are calling in, please turn your volume down on your television or other devices to limit any feedback when you speak. Continued next page... 8) Join the Meeting by clicking on the Zoom link below: Mayor and City Council of the City of San Bernardino Page 13 https://us06web.zoom.us/j/6778459453?pwd=ZTkzdUJtcDMrbmFNQnVDSFhva XQxZz09 Meeting ID: 677 845 9453 Passcode:2023 You can also Go to Zoom.us and click "Join a Meeting" at the top. Enter the Meeting ID: 6778459453 Passcode:2023 Public Hearings: If you are commenting on a Public Hearing, please stay signed on to the Zoom session or sign on when the Public Hearing is announced. You will be prompted by staff when the item is being discussed. 1 5 0 5 CLOSED SESSION City of San Bernardino Request for Council Action Date:July 19, 2023 To:Honorable Mayor and City Council Members From:Sonia Carvalho, City Attorney Department:City Attorney Subject:Closed Session Recommendation: A)CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) and (d)(1): i. The Estate of Rob Marquise Adams, by and through its Personal Representatives, Tamika King, et al. v. City of San Bernardino, United States District Court Case No. 5:22-cv-02206-JGB-SP ii. Andrea Miller v. City of San Bernardino, et al., San Bernardino Superior Court Case No. CIVDS2015337 and Court of Appeals Case No. E080807 iii. Promise Gracia, et al. v. City of San Bernardino, San Bernardino Superior Court Case No. CIVSB2301828 iv. Brian Pellis, John Vasek v. City of San Bernardino, San Bernardino Superior Court Case No. CIVSB2226731. B)PUBLIC EMPLOYEE APPOINTMENT (Pursuant to Government Code Section 54957) City Manager Packet Pg. 14 PRESENTATIONS City of San Bernardino Request for Council Action Date:July 19, 2023 To:Honorable Mayor and City Council Members From:Charles E. McNeely, Interim City Manager Department:City Manager's Office Subject:Economic Development Tools Presentation by Kosmont Companies (All Wards) Packet Pg. 15 City of San Bernardino Presentation on Economic Development Tools July 19, 2023 Packet Pg. 16 S.B. and Other Communities at Crossroads: A Unique Opportunity for a Vital Future To move communities forward in a sustainable way, we must identify where private investment is going – and leverage that investment with public agency funding and tools. Timely opportunity to access new funding sources and economic development tools that have emerged in a post-COVID digital world: New Economic Toolkit with new / expanded tools such as special districts, zoning strategies, and low-cost financing. New Funding Sources from federal and state government Leverage private sector momentum to improve services & quality of life PROPRIETARY DO NOT DUPLICATE 2 Packet Pg. 17 What is the Reconfigured Economy? 3 The New Consumer / Investor / Policymaker Mindset. Consumers driven by quality of life, cost of living and housing, amenities, essentials, and experiences Want it all in a 15-Minute Community Investors driven by new technology, shifting demand, supply chain anomalies, and new live / work patterns Seeking value from new demand drivers City Hall driven by resident and employer needs & new state policies which seek to install housing Tension: Comply with state priorities vs.achieving community priorities in a post covid digital world (RHNA, Density Bonus, SLA) Proprietary Do Not Duplicate Without Authorization Packet Pg. 18 The Ongoing Land Use Revolution Everything’s Changing – What We’re Likely to See Over the Next 10 Years PROPRIETARY DO NOT DUPLICATE 4 Residential Renaissance Industrial Redistribution Hotel Resetting Retail Reimagining Office Reconfiguring Packet Pg. 19 …Nothing Is as it Was ( a short while ago) PROPRIETARY DO NOT DUPLICATE 5 Housing is Not a Loss Leader, it’s a Growth Driver Retail is Not Just Retail Anymore Telework is Reconfiguring Office Industrial / Distribution is Essential for a Robust Economy Housing Creation as Economic Development Retail Reimagination as Economic Development Office Conversions as Economic Development Industrial & Fulfillment as Economic Development New housing can generate significant new tax revenues and support local jobs Housing is not necessarily a net negative fiscal impact, especially at current property values Housing is a big driver of project value U.S. retail over-built and needs “right sizing;” Covid accelerated trends; today its about essentials, experience & e-commerce Blended/mixed use projects integrate multiple uses (housing, retail, open space, creative office, hotel) onto one site Telework and work from home options are reshaping the needs for office space and business districts Job redistribution tied to housing Vacancies and foreclosures expanding can lead to fiscal impact pressure Must be buffered and designed to minimize environmental impact. In a digital economy retail can’t thrive without distribution Booming demand for distribution, e-commerce, and data centers, blending for fulfillment/delivery, job creators Packet Pg. 20 Today’s Economic Development Prescription PROPRIETARY DO NOT DUPLICATE 6 BEFORE NOW Create new sales tax revenue via new large retail centers with Big Boxes Create new sales tax revenue by creating a neighborhood and curating retail to serve it “Right sizing, right zoning, and right next to residential” Create local jobs by zoning for large office parks filled with regional commuters Create local jobs and teleworkers with amenities that attracts people to your community whose “wallets” don’t leave everyday Avoid industrial because it’s noisy and dirty; put it far away from other uses Infill industrial / distribution is essential for online delivery and job creation / workforce training; project design and mitigation are key considerations Residential development is a loss – costly service support and infrastructure with negative fiscal impact High residential demand & high property values means local businesses and public sector will rely on capture of housing projects taxes and local spend Packet Pg. 21 New Community Investment & Financing Tools It’s about Capturing Value and Creating Currency!! Partial Toolkit 3 Revenue Replacement Tools 1 Special Districts/Tax Exempt Financing 4 Techonomic Development 2 Surplus Land Act as Asset Management Strategy 5 Other Public Money (OPM) PROPRIETARY DO NOT DUPLICATE 7 Packet Pg. 22 Civic Center Area Industrial Area University Area Technology Area Regional Mall Area Downtown Plan Area Affordable Housing Transit Projects Broadband Brownfield Remediation Parks / Open Space Water / Sewer / Storm / Flood Civic Infrastructure Small Business / Nonprofit EIFDs, CRIAs, CRDs: State approved Tax Increment Financing (TIF)districts Cities can use these districts to motivate private investment, fund infrastructure, and attract grant funds. Tool #1: Capture Value with Districts Special Districts for Infrastructure Investments PROPRIETARY DO NOT DUPLICATE 8 Packet Pg. 23 Potential S.B. Opportunity Sites PROPRIETARY DO NOT DUPLICATE 9 Packet Pg. 24 What is Tax Increment Financing (TIF)? Not a New Tax PROPRIETARY DO NOT DUPLICATE 10 $0M $100M $200M $300M $400M $500M $600M 0 5 10 15 20 25 30 35 40 45 50 55 Baseline Property Value Property taxes continue to flow to City / County / Schools / Other Taxing Entities as normal New Property Value from New Development / Rehabilitation Available to TIF District Years from District Formation Assessed Property Value (A/V) within TIF District Boundaries New Total Value After TIF District Benefits all Taxing Entities Period of New Development Packet Pg. 25 California’s Tax Increment Financing (TIF) Toolkit PROPRIETARY DO NOT DUPLICATE 11 Affordable Housing Authorities (AHA) Community Revitalization & Inv. Authority (CRIA) Enhanced Infrastructure Financing District (EIFD) Neighborhood Infill Finance & Transit Improvements Act (NIFTI) NIFTI-2 Coterminous requirement and other requirements have made NIFTI & NIFTI-2 infeasible in other communities Restriction to fund ONLY affordable housing (and not infrastructure) has been deemed to restrictive to be feasible in other communities Infrastructure & Revitalization Financing District (IRFD) Most flexible, most widely used More emphasis on affordable housing (25% set-aside) Climate Resilience District (CRD) NEW, limited focus on certain infrastructure Flexible, voter-approval still required Packet Pg. 26 TIF Districts: Here, There, Everywhere Statewide Partial List Source: Kosmont EIFD/CRIA website (https://www.kosmont.com/services/eifd-cria/)Fully Formed In Formation Process Under Evaluation Jurisdiction Purpose Azusa Housing and transit-supportive infrastructure Banning Housing and industrial infrastructure Barstow Housing and commercial infrastructure Brentwood Housing and transit-supportive infrastructure Buena Park Mall reimagination, housing-supportive infrastructure Carson + L.A. County Remediation, housing infrastructure, recreation Coachella Valley Association of Govts (CVAG) Cities Housing and transit-supportive infrastructure Covina Housing and transit-supportive infrastructure El Cajon Housing and transit-supportive infrastructure El Segundo + L.A. County Various infrastructure, regional connectivity Fairfield Housing and transit-supportive infrastructure Fontana Housing, mixed-use and industrial infrastructure Fresno Housing and transit-supportive infrastructure Fresno County Industrial and commercial supportive infrastructure Humboldt County Coastal mixed-use & energy supportive infrastructure Indian Wells Housing and tourism-supportive infrastructure Imperial County Housing and greenfield infrastructure La Verne + L.A. County Housing and transit-supportive infrastructure Long Beach (Multiple Areas)Housing and transit-supportive infrastructure Los Angeles (Downtown, San Pedro, LACUSC Med Center)Housing and transit-supportive infrastructure Los Angeles County Uninc. West Carson Housing / bio-science / tech infrastructure Madera County (3 Districts)Greenfield infrastructure (water / sewer) Modesto + Stanislaus County Housing, transit, recreation-supportive infrastructure Mount Shasta + Siskiyou County Rural Brownfield site mixed-use infrastructure Napa Housing and transit-supportive infrastructure Oakland Affordable housing and housing-supportive infrastructure Ontario Housing and transit-supportive infrastructure Palmdale + L.A. County Housing and transit-supportive infrastructure Pittsburg Housing and transit-supportive infrastructure Placentia + Orange County Housing and transit-supportive infrastructure Rancho Cucamonga Housing and transit-supportive infrastructure Redlands Housing and mixed-use supportive infrastructure Redondo Beach + L.A. County Parks / open space, recreation infrastructure Riverside Housing and transit-supportive infrastructure Sacramento County (Unincorporated)Industrial / commercial supportive infrastructure San Bernardino County (Unincorporated)Transit-supportive infrastructure San Jose Housing and transit-supportive infrastructure Sanger Housing and commercial supportive infrastructure Santa Ana Housing and transit-supportive infrastructure South Gate Housing and transit-supportive infrastructure Vacaville Housing and transit-supportive infrastructure Yucaipa Housing and transit-supportive infrastructure Packet Pg. 27 PROPRIETARY DO NOT DUPLICATE 13 Kickstarting TIF with Other Tools & Funding TIF can Integrate with Other Economic Development Tools and Strategies Grants / Funding Sources REAP funding for evaluation and formationState/Fed grants for projects Layer Other Tools Community Facility Districts (CFDs) for early funding, econ. dev. strategies to advance projects Private Sector Funds Developer partnerships for early project funding Packet Pg. 28 PROPRIETARY DO NOT DUPLICATE 14 Tax Increment District Case Study Placentia Case Study - formed in 2019 Placentia / Orange County EIFD Partnership •300+ acres: Old Town Placentia Revitalization Plan, Metrolink Station, TOD Packing House Area •Infrastructure Financing Plan (IFP) will fund $13 million in public infrastructure improvements for those areas •Water, sewer, streets, parking, transit connectivity •$460M+ expected in new AV from residential, retail, restaurant development •Net Fiscal Benefit: $22M to City, $15M to County BEFORE AFTERImplementation •EIFD feasibility analysis & formation process •Led education/outreach meetings with County BOS •Developed County EIFD Policy for City/County EIFD •Completed first EIFD TIF Court Validation in the state •Working on TIF Bond—expected by fall of 2022 Packet Pg. 29 PROPRIETARY DO NOT DUPLICATE 15 Tool #2: Capture Value with City Property Surplus Land Act as Asset Management Strategy The Old Days: Want to sell / lease a City property? Just put out an RFP/Q The New World Order: The SLA requires public agencies to first go through a process of offering property to affordable housing developers before pursuing other opportunities. Value Add Opportunity: Public agencies should look at SLA as a “Value Capture” Opportunity to productively use public properties: •Performance-based leases / ground leases •Monetizing assets (such as civic centers, parking garages, etc.) •Selling property to private sector – includes lease-back, continued operation of existing use, redevelopment to new uses Packet Pg. 30 16 SLA Here to Stay New rules being used for property disposition and housing creation New Processes Cities navigating evolving procedures and compliance New Strategies Time to be strategic: use property assets to pursue priorities Proprietary Do Not Duplicate Without Authorization Sooner better than later. Cities should start NOW to review/evaluate property portfolio in alignment with econ. development goals/objectives SLA is nuanced and circumstantial. Engaging HCD early in process is important to determination of compliance Transparency is key. Promote the City’s repositioned asset program to community to achieve HCD compliance Surplus Land Act: New Rules & Strategies for Public Real Estate Packet Pg. 31 Primary Steps to Comply with SLA & Pursue Projects PROPRIETARY DO NOT DUPLICATE 17 1 2 3 Property Inventory (Start Early) Identify priority properties and/or projects now that may be impacted by SLA & can be put into productive use. Prioritize, Screen, & Select an Approach Confirm value, SLA applicability, Preferred Disposition Strategy/Use (e.g., asset monetization, sale or lease, public use, housing, etc.), Econ Dev Tools, & Financing Mechanisms. Implementation (Transparency is Key) Execute preferred disposition (sale, lease, etc.) strategy that’s done openly & fulfills community goals and objectives (job creation, tax revenues, housing) Packet Pg. 32 Project would result in a loss in retail sales tax revenues resulting from non-sales tax generating uses (e.g. industrial) Analyze sales tax revenue loss potential of opportunity sites & zoning designations to understand scale Create equivalent General Fund revenue through entitlement document / development agreement Or operating covenant agmt. (Tax Equivalency as currency) STAR* Case Study: Jurupa Valley –Agua Mansa Commerce Park Site •~280-acre site (originally planned for retail) •Proposed 3.6 million SF industrial development project •STAR analysis estimated annual sales tax in-lieu payment of ~$362,500 Replace Revenue with Sales Tax Assessment Revenue (STAR*)® Tool #3: Create Currency with Revenue Replacement Replacing Tax Revenues via DAs & P3s PROPRIETARY DO NOT DUPLICATE 18 Packet Pg. 33 Opportunity to generate savings and create general fund resources for community reinvestment. Revenue Bonds to fund vital projects (tax exempt, vote needed) EIFD / TIF Bonds to fund infrastructure and housing (tax exempt, no vote needed); TIF value capture Lease – Leaseback (P3) Structures can cut costs and deliver public projects (tax exempt, no vote needed) Pension Obligation Bonds/Other Pension Strategies (BLAST); pension cashflow savings strategies & refinancing structures that can generate savings (taxable, no vote needed or tax-exempt exchange) Reducing debt payments can create capacity to pursue programs to reset local economy. Tool #4: Tax Exempt Financing Pursue Investment Opportunities PROPRIETARY DO NOT DUPLICATE 19 Case Study La Verne EIFD issued a $3.6m TIF-based lease financing (3.65% rate, 20-year term) to fund transportation improvements; combined with Proposition C transportation funding Packet Pg. 34 Tool #5: Create Currency with OPM Using “Other Public Money” Federal Programs State Programs American Rescue Plan Act (ARPA) Congressional Infrastructure Bills (Infrastructure Bill, Build Back Better Act) Affordable Housing and Sustainability Communities Program (AHSC) Infill Infrastructure Grants (IIG) Multifamily Housing Program (MHP) $8.2 Billion in ARPA Funds, $45.5 Billion in Federal Infrastructure Funds, Millions More in State Programs Federal Programs State Programs American Rescue Plan Act (ARPA) Congressional Infrastructure Bills (INVEST Act, IIJ Act) Affordable Housing and Sustainability Communities Program (AHSC) Infill Infrastructure Grants (IIG) Multifamily Housing Program (MHP) ARPA direct relief to cities is not just for COVID relief: Funds for water, sewer, and broadband, upgrading facilities and distribution systems, climate change upgrades, lead pipe replacement and more In process, likely to include: Funds for roads, bridges, railroads, broadband, water, cyber security, climate resiliency, transit, brownfield cleanup, electric vehicles, affordable housing CA Program: EIFD Preference $1 - $30 million awards for affordable housing, housing infrastructure, transportation, related amenities, program costs CA Program: EIFD Preference $1 - $7.5 million grants for infill projects / areas, gap funding for infrastructure for residential / mixed-use ) with some affordability requirements CA Program: Funding for rental housing; includes land lease payments, construction / rehab, offsite infrastructure improvements PROPRIETARY DO NOT DUPLICATE 20 Packet Pg. 35 PROPRIETARY DO NOT DUPLICATE 21 Kosmont Scope of Work fo r S.B. 1.Evaluation of Financing District Boundary and Strategic Considerations 2.Preliminary Funding and Financing Analysis, Layering Other Tools 3.Fiscal and Economic Impact Analysis 4.Governance and Implementation Roadmap 5.Taxing Entity Stakeholder Outreach for Potential Partnership 6.City Meeting / Workshop 7.*Potential Future Implementation* Packet Pg. 36 City of San Bernardino Presentation on Economic Development Tools July 19, 2023 Packet Pg. 37 PRESENTATIONS City of San Bernardino Request for Council Action Date:July 19, 2023 To:Honorable Mayor and City Council Members From:Theodore Sanchez, Council Member, 1st Ward Department:Council Office Subject:Citizen of the Month – Brandon Eldiab, Jimmy’s Liquor – 1st Ward Packet Pg. 38 City of San Bernardino FROM THE MAYOR AND CITY COUNCIL HONORING BRANDONBRANDON ELDIABELDIAB JIMMY’SJIMMY’S LIQUORLIQUOR JULYJULY 20232023 CITIZENCITIZEN OFOF THETHE MONTHMONTH AWARDAWARD CConcerned IInvestor TTime/Talent IInvolved ZZealous EEnthusiastic NNeighborly In recognition of dedicated service to the affairs of the community and for the civic pride demonstrated by numerous deeds for the benefit of the citizens of San Bernardino Presented this 19th day of July 2023 Packet Pg. 39 PRESENTATIONS City of San Bernardino Request for Council Action Date:July 19, 2023 To:Honorable Mayor and City Council Members From:Theodore Sanchez, Council Member, 1st Ward Department:Council Office Subject:Citizen of the Month – Marti Christiansen, Business Watch – 1st Ward Packet Pg. 40 City of San Bernardino FROM THE MAYOR AND CITY COUNCIL HONORING MARTIMARTI CHRISTIANSENCHRISTIANSEN BUSINESSBUSINESS WATCHWATCH JULYJULY 20232023 CITIZENCITIZEN OFOF THETHE MONTHMONTH AWARDAWARD CConcerned IInvestor TTime/Talent IInvolved ZZealous EEnthusiastic NNeighborly In recognition of dedicated service to the affairs of the community and for the civic pride demonstrated by numerous deeds for the benefit of the citizens of San Bernardino Presented this 19th day of July 2023 Packet Pg. 41 PRESENTATIONS City of San Bernardino Request for Council Action Date:July 19, 2023 To:Honorable Mayor and City Council Members From:Theodore Sanchez, Council Member, 1st Ward Department:Council Office Subject:Citizen of the Month – Gurpreet Singh, La Cadena Market – 1st Ward Packet Pg. 42 City of San Bernardino FROM THE MAYOR AND CITY COUNCIL HONORING GURPREETGURPREET SINGHSINGH LALA CADENACADENA MARKETMARKET JULYJULY 20232023 CITIZENCITIZEN OFOF THETHE MONTHMONTH AWARDAWARD CConcerned IInvestor TTime/Talent IInvolved ZZealous EEnthusiastic NNeighborly In recognition of dedicated service to the affairs of the community and for the civic pride demonstrated by numerous deeds for the benefit of the citizens of San Bernardino Presented this 19th day of July 2023 Packet Pg. 43 PRESENTATIONS City of San Bernardino Request for Council Action Date:July 19, 2023 To:Honorable Mayor and City Council Members From:Theodore Sanchez, Council Member, 1st Ward Department:Council Office Subject:Citizen of the Month – Luis Ojeda, We Are The Change – 1st Ward Packet Pg. 44 City of San Bernardino FROM THE MAYOR AND CITY COUNCIL HONORING LUISLUIS OJEDAOJEDA WEWE AREARE THETHE CHANGECHANGE JULYJULY 20232023 CITIZENCITIZEN OFOF THETHE MONTHMONTH AWARDAWARD CConcerned IInvestor TTime/Talent IInvolved ZZealous EEnthusiastic NNeighborly In recognition of dedicated service to the affairs of the community and for the civic pride demonstrated by numerous deeds for the benefit of the citizens of San Bernardino Presented this 19th day of July 2023 Packet Pg. 45 APPOINTMENTS City of San Bernardino Request for Council Action Date:July 19, 2023 To:Honorable Mayor and City Council Members From:Fred Shorett, Council Member, 4th Ward Department:Council Office Subject:Animal Control Commission Appointment of Sharon A. Negrete (Ward 4) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Ms. Sharon A. Negrete to the Animal Control Commission representing Ward 4. Ms. Negrete will replace Charlotte LeVecque with the term ending December 2026. Council Staff has verified that appointee is a registered voter within the City. Background The Animal Control Commission was established by Resolution No. 2018-45 on February 21, 2018 and is charged with advising the Mayor, City Council and City Staff on matters pertaining to animal control in the City. The commission is also charged with serving in an advisory capacity on strategies, policies and programs designed to ensure quality care for animals housed at the City of San Bernardino’s Animal Shelter. Members are appointed to this commission on the basis of demonstrated knowledge and experience in the area of animal care, animal husbandry, wild animals, animal behavior or other areas which relate to the mission and purpose of the commission. The commission is comprised of nine (9) members who serve at pleasure of the Mayor and City Council. Pursuant to Chapter 2.17 of the Municipal Code, each City Council member shall nominate one member who shall serve during and for the term of the nominating Council member, and the Mayor. 2021-2025 Strategic Targets and Goals The proposed commission appointment aligns with Key Target No. 2: Focused, Aligned Leadership and Unified Community by building a culture that attracts, retains, Packet Pg. 46 and motivates the highest quality talent. Fiscal Impact No fiscal impact to City. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino approve the appointment of Ms. Sharon A. Negrete to the Animal Control Commission with the term ending December 2026. Council Staff has verified that appointee is a registered voter within the City. Attachments Attachment 1 – Commission application – Ms. Sharon A. Negrete Attachment 2 - Resolution No. 2018-45 Ward: Fourth Ward Synopsis of Previous Council Actions: February 21, 2018 Resolution No. 2018-45 establishing the Animal Control Commission was adopted. Packet Pg. 47 Packet Pg. 48 Packet Pg. 49 Packet Pg. 50 Packet Pg. 51 Packet Pg. 52 Packet Pg. 53 APPOINTMENTS City of San Bernardino Request for Council Action Date:July 19, 2023 To:Honorable Mayor and City Council Members From:Fred Shorett, Council Member, 4th Ward Department:Council Office Subject:Downtown Advisory Committee Appointment of Vincent D. Laster (Ward 4) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Mr. Vincent D. Laster to the Downtown Advisory Committee representing Ward 4. Mr. Laster will replace Kenesha L. Boyd with the term ending December 2026. Council Staff has verified that appointee is a registered voter within the City. Background The Downtown Advisory Committee was established by Resolution No. 2021-88 on February 17, 2021. Discussion The Downtown Advisory Committee (DAC) is an advisory committee established by the Mayor and City Council to advise City staff, participating in public outreach and community forums, and making recommendations to the Planning Commission and the Mayor and City Council on various components of the overall project. Meetings of the DAC will be open and public in accordance with the Brown Act. The DAC is comprised of nine (9) members who serve at pleasure of the Mayor and City Council. Pursuant to Resolution No. 2021-88, the Mayor shall appoint two (2) members and each City Council member shall nominate one (1) member. In accordance with the City Charter and the City's Municipal Code, appointees must be either a resident of the City of San Bernardino, or a non-resident business or property owner. Appointees should be able to clearly articulate the community perspective and/or the area of the City in which they live or conduct business. Packet Pg. 54 2021-2025 Strategic Targets and Goals The proposed commission appointment aligns with Key Target No. 2: Focused, Aligned Leadership and Unified Community by building a culture that attracts, retains, and motivates the highest quality talent. Fiscal Impact No fiscal impact to City. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, approve the appointment of Mr. Vincent D. Laster to the Downtown Advisory Committee representing Ward 4 with the term ending December 2026. Council Staff has verified that appointee is a registered voter within the City. Attachments Attachment 1 – Commission Application - Mr. Vincent D. Laster Attachment 2 – Resolution No. 2021-88 Attachment 3 – Ordinance No. MC-1552 Ward: Fourth Ward Synopsis of Previous Council Actions: February 17, 2021 Resolution No. 2021-88 establishing the Downtown Advisory Committee was adopted. April 7, 2021 Ordinance No. MC-1552 allowing non-city residents who have a current business license to be appointed to the committee (not to exceed 25% of the committee membership) was adopted. Packet Pg. 55 Packet Pg. 56 Packet Pg. 57 Packet Pg. 58 Packet Pg. 59 Packet Pg. 60 Packet Pg. 61 Packet Pg. 62 Packet Pg. 63 Packet Pg. 64 Packet Pg. 65 Packet Pg. 66 Packet Pg. 67 APPOINTMENTS City of San Bernardino Request for Council Action Date:July 19, 2023 To:Honorable Mayor and City Council Members From:Fred Shorett, Council Member, 4th Ward Department:Council Office Subject:Arts and Historical Preservation Commission Appointment of Jeffreda Curry (Ward 4) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Ms. Jeffreda Curry to the Arts and Historical Preservation Commission representing Ward 4. Ms. Curry will replace Tawnya D. Rhoades-Hensley with the term ending December 2026. Council Staff has verified that appointee is a registered voter within the City. Background The Arts and Historical Preservation Commission was established by Resolution No. 2018-97 on April 4, 2018 and is charged with advising the Mayor, City Council and City Staff on matters pertaining to the arts, culture, and historic preservation and heritage in the City. The commission is also charged with serving in an advisory capacity to the Planning Commission in making recommendations relating to the designation, preservation and protection of historical properties. Appointees to the commission must have relevant experience or knowledge of visual, performing, literary, and multi- media arts, cultural and architectural heritage or other areas which relate to the mission and purpose of the commission. The commission is comprised of nine (9) members who serve at pleasure of the Mayor and City Council. Pursuant to Chapter 2.17 of the Municipal Code, each City Council member shall nominate one member who shall serve during and for the term of the nominating Council member, and the Mayor shall nominate two members who shall serve during and for the term of the Mayor. 2021-2025 Strategic Targets and Goals The proposed commission appointment aligns with Goal Number 2 Focused, Aligned Packet Pg. 68 Leadership and Unified Community by building a culture that attracts, retains, and motivates the highest quality talent. Fiscal Impact No fiscal impact to City. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, approve the appointment of Ms. Jeffreda Curry to the Arts and Historical Preservation Commission representing Ward 4 with the term ending December 2026. Council Staff has verified that appointee is a registered voter within the City. Attachments Attachment 1 – Commission application – Ms. Jeffreda Curry Attachment 2 - Resolution No. 2018-97 Ward: Fourth Ward Synopsis of Previous Council Actions: April 4, 2018 Resolution No. 2018-97 establishing the Arts and Historical Preservation Commission was adopted. Packet Pg. 69 Packet Pg. 70 Packet Pg. 71 Packet Pg. 72 Packet Pg. 73 Packet Pg. 74 Packet Pg. 75 Packet Pg. 76 Packet Pg. 77 APPOINTMENTS City of San Bernardino Request for Council Action Date:July 19, 2023 To:Honorable Mayor and City Council Members From:Fred Shorett, Council Member, 4th Ward Department:Council Office Subject:Measure S Citizens Oversight Committee Appointment of Jeffreda Curry (Ward 4) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, approve the appointment of Ms. Jeffreda Curry to the Measure S Citizens Oversight Committee representing Ward 4. Ms. Curry will replace Michael J. Gallo with the term ending December 2026. Council Staff has verified that appointee is a registered voter within the City. Background The Measure “S” Citizens Oversight Committee was established by Resolution No. 2020-248, replacing Measure “Z” Citizens Oversight Committee. The committee is charged with reviewing and reporting on the spending plan for the one percent general district sales tax generated under Measure S passed by voters on November 3, 2020, and verifying that the proposed expenditures are in accordance with the Measure S ballot language and the Mayor and Council’s adopted strategic goals and priorities. The Committee is also charged with reviewing and reporting annually on the results of the annual audit of the Measure S revenues and expenditures completed by an independent certified public accounting firm. The commission is comprised of nine (9) members who serve at pleasure of the Mayor and City Council. Pursuant to Chapter 2.17 of the Municipal Code, each City Council member shall nominate one member who shall serve during and for the term of the nominating Council member, and the Mayor shall nominate two members who shall serve during and for the term of the Mayor. 2021-2025 Strategic Targets and Goals The proposed commission appointment aligns with Key Target No. 2: Focused, Packet Pg. 78 Aligned Leadership and Unified Community by building a culture that attracts, retains, and motivates the highest quality talent. Fiscal Impact No fiscal impact to City. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, approve the appointment of Ms. Jeffreda Curry to the Measure S Citizens Oversight Committee with the term ending December 2026. Council Staff has verified that appointee is a registered voter within the City. Attachments Attachment 1 - Commission application – Ms. Jeffreda Curry Attachment 2 - Resolution No. 2020-248 Ward: Fourth Ward Synopsis of Previous Council Actions: October 7, 2020 Resolution No. 2020-248 establishing the Measure S Citizens Oversight Committee was adopted. Packet Pg. 79 Packet Pg. 80 Packet Pg. 81 Packet Pg. 82 Packet Pg. 83 Packet Pg. 84 Packet Pg. 85 Packet Pg. 86 Packet Pg. 87 APPOINTMENTS City of San Bernardino Request for Council Action Date:July 19, 2023 To:Honorable Mayor and City Council Members From:Fred Shorett, Council Member, 4th Ward Department:Council Office Subject:Parks, Recreation and Community Services Commission Appointment of Esmeralda Negrete (Ward 4) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California approve the appointment of Ms. Esmeralda Negrete to the Parks, Recreation and Community Services Commission representing Ward 4. Ms. Negrete will replace Danielle A. Jones with the term ending December 2026. Council Staff has verified that appointee is a registered voter within the City. Background The Parks, Recreation and Community Services Commission was established by Resolution No. 2018-47 on February 21, 2018 and is charged with advising the Mayor, City Council and City Staff on matters pertaining to pertaining to parks, recreation, youth and senior affairs in the City. Appointees to the commission must have relative experience or knowledge in the area of parks, recreation services, youth and senior services or other areas which relate to the mission and purpose of the Commission. The commission is comprised of nine (9) members who serve at pleasure of the Mayor and City Council. Pursuant to Chapter 2.17 of the Municipal Code, each City Council member shall nominate one member who shall serve during and for the term of the nominating Council member, and the Mayor shall nominate two members who shall serve during and for the term of the Mayor. 2021-2025 Strategic Targets and Goals The proposed commission appointment aligns with Key Target No. 2: Focused, Aligned Leadership and Unified Community by building a culture that attracts, retains, and motivates the highest quality talent. Packet Pg. 88 Fiscal Impact No fiscal impact to the City. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino approve the appointment of Ms. Esmeralda Negrete to the Parks, Recreation and Community Services Commission representing Ward 4 with the term ending December 2026. Council Staff has verified that appointee is a registered voter within the City. Attachments Attachment 1 – Commission Application – Esmeralda Negrete Attachment 2 - Resolution No. 2018-47 Ward: Fourth Ward Synopsis of Previous Council Actions: February 21, 2018 Resolution No. 2018-47 establishing the Parks, Recreation and Community Services Commission was adopted. Packet Pg. 89 Packet Pg. 90 Packet Pg. 91 Packet Pg. 92 Packet Pg. 93 Packet Pg. 94 Packet Pg. 95 CONSENT CALENDAR City of San Bernardino Request for Council Action Date:July 19, 2023 To:Honorable Mayor and City Council Members From:Genoveva Rocha, City Clerk Department:City Clerk Subject:Approval of Mayor and City Council Meeting Minutes Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the minutes for the following meetings: January 11, 2023 Special Meeting, January 18, 2023 Special Meeting; January 18, 2023 Regular Meeting; March 1, 2023 Regular Meeting. Packet Pg. 96 City of San Bernardino 201 North E Street San Bernardino, CA 92401 http://www.sbcity.org Draft Minutes FOR THE SPECIAL MEETING OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY, MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT AGENCY, MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE HOUSING AUTHORITY, AND MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY WEDNESDAY, JANUARY 11, 2023 5:30 PM The Special Closed Session Meeting of the Mayor and City Council of the City of San Bernardino was called to order at 5:30 PM by Mayor Helen Tran on Wednesday, January 11, 2023, at Feldheym Central Library, San Bernardino, CA. CALL TO ORDER Attendee Name Title Status Arrived Theodore Sanchez Council Member, Ward 1 Present 5:34 PM Sandra Ibarra Council Member, Ward 2 Absent Juan Figueroa Council Member, Ward 3 Present Fred Shorett Mayor Pro-Tem, Ward 4 Present Ben Reynoso Council Member, Ward 5 Present Kimberly Calvin Council Member, Ward 6 Present Damon L Alexander Council Member, Ward 7 Present Helen Tran Mayor Present Charles McNeely Interim City Manager Present Sonia Carvalho City Attorney Present Courtney Bowen Deputy City Clerk Present Mayor Helen Tran Council Members Theodore Sanchez Sandra Ibarra Juan Figueroa Fred Shorett Ben Reynoso Kimberly Calvin Damon L. Alexander Packet Pg. 97 Regular Meeting Draft Minutes January 11, 2023 Mayor and City Council of the City of San Bernardino Page 2 5:30 P.M. CLOSED SESSION PUBLIC COMMENT Paula Plunk asked that the Mayor and City Council select the position of City Manager carefully. She stated that the community wants the process to be done with transparency. Treasure Ortiz advised the Mayor and City Council that the position of Interim City Manager is just as important as the permanent role. There were no remote speakers. Deputy City Clerk Courtney Bowen then read the following comment into the record, per ADA accommodation: Tim Dorame congratulated Mayor Tran on her new role, and stated that he “elects” Treasure Ortiz for Assistant City Manager. CLOSED SESSION A) PUBLIC EMPLOYEE APPOINTMENT (Pursuant to Government Code Section 54957) Interim City Manager B) PUBLIC EMPLOYEE APPOINTMENT (Pursuant to Government Code Section 54957) City Manager CLOSED SESSION REPORT Mayor Tran announced that there was no reportable action. ADJOURNMENT The special meeting of the Mayor and City Council was adjourned on Wednesday, January 11, 2023, at 6:25 p.m. The next special meeting of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency will be held on Tuesday, January 17, 2023, in the Council Chamber located at 555 West 6th Street, San Bernardino, California 92410. Closed Session will begin at 5:30 p.m. By:_________________________ Genoveva Rocha, CMC Packet Pg. 98 City of San Bernardino 201 North E Street San Bernardino, CA 92401 http://www.sbcity.org Draft Minutes FOR THE SPECIAL MEETING OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY, MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT AGENCY, MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE HOUSING AUTHORITY, AND MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY TUESDAY, JANUARY 17, 2023 5:30 PM The Special Closed Session Meeting of the Mayor and City Council of the City of San Bernardino was called to order at 5:30 PM by Mayor Helen Tran on Tuesday, January 17, 2023, at Feldheym Central Library, San Bernardino, CA. CALL TO ORDER Attendee Name Title Status Arrived Theodore Sanchez Council Member, Ward 1 Present Sandra Ibarra Council Member, Ward 2 Absent Juan Figueroa Council Member, Ward 3 Present Fred Shorett Mayor Pro-Tem, Ward 4 Present Ben Reynoso Council Member, Ward 5 Present Kimberly Calvin Council Member, Ward 6 Present Damon L Alexander Council Member, Ward 7 Present Helen Tran Mayor Present Thomas Rice Assistant City Attorney Present Courtney Bowen Deputy City Clerk Present 5:30 P.M. CLOSED SESSION PUBLIC COMMENT Mayor Helen Tran Council Members Theodore Sanchez Sandra Ibarra Juan Figueroa Fred Shorett Ben Reynoso Kimberly Calvin Damon L. Alexander Packet Pg. 99 Regular Meeting Draft Minutes January 17, 2023 Mayor and City Council of the City of San Bernardino Page 2 Treasure Ortiz questioned the Mayor and City Council about the candidates for the position of Interim City Manager. She also inquired as to whether there was reportable action from the last closed session meeting. Assistant City Attorney clarified that not all closed session action is reportable under the Brown Act. There were no remote speakers. Deputy City Clerk Courtney Bowen then read the following comment into the record, per ADA accommodation: Tim Dorame stated that the Mayor and City Council Members need to work together to improve the City. CLOSED SESSION A) PUBLIC EMPLOYEE APPOINTMENT (Pursuant to Government Code Section 54957) Interim City Manager B) PUBLIC EMPLOYEE APPOINTMENT (Pursuant to Government Code Section 54957) City Manager CLOSED SESSION REPORT Assistant City Attorney Thomas Rice stated that there were two matters discussed as noted in the agenda, but there was no formal reportable action. However, the Mayor and City Council asked that it be reported that staff was directed to insert the name of Charles McNeely into the Interim City Manager employment agreement, staff report, and resolution. This item will be considered at the next regular meeting on Wednesday, January 18, 2023. ADJOURNMENT The special meeting of the Mayor and City Council was adjourned on Tuesday, January 17, 2023, at 7:45 p.m. The next joint regular meeting of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency will be held on Wednesday, January 18, 2023, in the Council Chamber located at 555 West 6th Street, San Bernardino, California 92410. Closed Session will begin at 5:30 p.m. Open Session will begin at 7:00 p.m. By:_________________________ Genoveva Rocha, CMC Packet Pg. 100 City of San Bernardino 201 North E Street San Bernardino, CA 92401 http://www.sbcity.org Draft Minutes FOR THE REGULAR MEETING OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY, MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT AGENCY, MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE HOUSING AUTHORITY, AND MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY WEDNESDAY, JANUARY 18, 2023 5:30 PM The Regular Meeting of the Mayor and City Council of the City of San Bernardino was called to order at 5:35 PM by Mayor Helen Tran on Wednesday, January 18, 2023, at Feldheym Central Library, San Bernardino, CA. CALL TO ORDER Attendee Name Title Status Arrived Theodore Sanchez Council Member, Ward 1 Present Sandra Ibarra Council Member, Ward 2 Present Juan Figueroa Council Member, Ward 3 Present Fred Shorett Mayor Pro-Tem, Ward 4 Present Ben Reynoso Council Member, Ward 5 Present Kimberly Calvin Council Member, Ward 6 Present Damon L Alexander Council Member, Ward 7 Present Helen Tran Mayor Present Edelia Eveland Assistant City Manager Present Sonia Carvalho City Attorney Present Genoveva Rocha City Clerk Present Mayor Helen Tran Council Members Theodore Sanchez Sandra Ibarra Juan Figueroa Fred Shorett Ben Reynoso Kimberly Calvin Damon L. Alexander Packet Pg. 101 Regular Meeting Draft Minutes January 18, 2023 Mayor and City Council of the City of San Bernardino Page 2 5:30 P.M. CLOSED SESSION PUBLIC COMMENT There were no public comments or requests to speak for Closed Session. CLOSED SESSION A)CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) and (d)(1): i.F.D. a minor, individually, by and through his Guardian ad Litem, Francisco Diaz v. City of San Bernardino, et al. United States District Court Case No. 5:21-CV-01580-JGB-KK ii.Juddit Rodriguez, an individual v. City of San Bernardino, et al., United States District Court Case No. 5:21-cv-01528-JGB-SHK B)CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION Significant exposure to litigation (Pursuant to Government Code Section 54956.9(d)(2)): One Item. C)CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Initiation of litigation (Pursuant to Government Code Section 54956.9(d)(4)): One Item 7:00 PM INVOCATION AND PLEDGE OF ALLEGIANCE Pastor Reginald Young, of the SB Pastors United lead the invocation. Mayor Tran’s daughter Holly Tran lead the Pledge of Allegiance to the Flag. CLOSED SESSION REPORT City Attorney Sonia Carvalho stated there were two matters discussed as noted in the agenda, but there was no reportable action. CITY MANAGER UPDATE At this time, Assistant City Manager Edelia Eveland provided city-wide updates. Highlights included recovering from recent storms, Martin Luther King Jr. Day, and the upcoming Homeless Point in Time Count. MAYOR & CITY COUNCIL UPDATES/REPORTS ON CONFERENCES/MEETINGS At this time, the Mayor and City Council provided updates to the community. PRESENTATIONS 1.Presentation by Big Brothers Big Sisters of Orange County and the Inland Empire Celebrating National Mentoring Month Jennifer O’Farrell from Big Brothers Big Sisters of Orange County and the Inland Empire provided a presentation. Packet Pg. 102 Regular Meeting Draft Minutes January 18, 2023 Mayor and City Council of the City of San Bernardino Page 3 2.January 2023 Citizen of the Month – Wade Forde, Lead Pastor, San Bernardino 16th Street Seventhday Adventist Church Pastor Forde accepted the award from Mayor Tran and Council Member Calvin. PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA Dr. Jeanetta Million, CEO/Founder of A Servants Heart Community Development International, stated that her organization needs suitable facility space. Dawn Rabon stated that she is concerned about homelessness in the City. Edward Woolbert spoke in disapproval of an AirBnB in his neighborhood. Dolores Armstead asked for an update on the Downtown Redevelopment and asked for the Council Members to be assigned staff members. Frank Montes stated that Council Members should work together with the new Mayor. Monica Smith expressed her frustration about the homeless situation in the City. Treasure Ortiz discussed homelessness and stated that the Mayor and City Council need to do better. Aurora McElroy stated she is in opposition of short-term rentals in her neighborhood. Jose Gomez disapproves of short-term rentals in his neighborhood due to high fire risk. Paul Plunk spoke about various community issues and thanked Treasure Ortiz for her input. Maurice Butler expressed that the Dorjil Estates apartments are not in good repair and the tenants need legal assistance. ‘ “Malibu” said that she is frustrated by the homeless situation in the City. Jocelyn Feazell Sanders also asked the Mayor and City Council to assist the residents of the Dorjil Estates. Rikke Van Johnson applauded the City’s choice to hire Interim City Manager Charles McNeely. Pat Morris, Former Mayor, praised Charles McNeely for his work in the City of Reno. Ashley Diaz asked for staff’s support for those in need in the community. Kristen Malaby invited everyone to an Inland Empire Hounds Basketball Game. Dr. Betty Daniels spoke about an illegal marijuana dispensary at 249 E. Highland Ave that is a nuisance. Packet Pg. 103 Regular Meeting Draft Minutes January 18, 2023 Mayor and City Council of the City of San Bernardino Page 4 Miriam Nieto spoke about the Gateway Specific Plan neighborhood meeting. She was disappointed with the meeting and wished there had been communication in Spanish. Jerry Owens expressed concern for the dangerous intersection at Mountain View and 5th Street. Also, the Pepper Ave. between I Street and Pepper Ave. needs to be repaired. Robert Porter congratulated Mayor Tran and the newly re-elected Council Members. He thanks City staff and community members for their contributions to the City. There were no remote speakers. City Clerk Genoveva Rocha then read the following comment into the record, per ADA accommodation: Hardy Brown congratulated the new Mayor, re-elected Council Members, and Interim City Manager. He is looking forward to success coming to the City. At this time, a member of the public, Erik Martinez, stated he had turned in a request to speak and was not acknowledged. The Mayor and City Council allowed Mr. Martinez to speak. He spoke in opposition to an event being held in the city called Paranormal Circus. He said this event will negatively affect the youth. Written public comments were provided to the Mayor and City Council. DISCUSSION 3.Short Term Vacation Rentals in San Bernardino Recommendation: It is recommended that the Mayor and City Council: Receive and file an update on the status of short-term vacation rentals in the City; Consider three options to address short-term vacation rental issue throughout the City; and Select Option No. 2 and direct staff to develop a regulatory scheme for short-term vacation rentals within the City’s residential districts. Community and Economic Development Director Nathan Freeman provided a presentation. Council Member Alexander suggested imposing: 1.) A three-night minimum on stays; 2.) A ban in fire rated areas; 3.) Restricting parking on the street; and 4.) Having a maximum total of 120 short term rentals in the City. There was discussion amongst the Mayor and City Council regarding the terms. Council Member Sanchez made a motion to select Option Two from staff’s recommendation to adopt a regulatory scheme, including the additional parameters mentioned above, except for the cap of 120 rentals. Council Member Calvin made a substitute motion to adopt Option Three, the “Wait and See Approach” because the City does not have enough resources to enforce the regulations. The motion did not receive support. Packet Pg. 104 Regular Meeting Draft Minutes January 18, 2023 Mayor and City Council of the City of San Bernardino Page 5 RESULT: APPROVED STAFF RECOMMENDATION FOR OPTION NO. TWO, WITH THE ADDITIONAL REQUEST TO BAN GUEST PARKING ON THE PUBLIC STREET, PROHIBIT RENTALS IN FIRE RATED AREAS, AND SET A MINIMUM NIGHT STAY FOR SHORT TERM RENTALS [7-0] MOVER:Theodore Sanchez, Council Member, Ward 1 SECONDER:Juan Figueroa, Council Member, Ward 3 AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander 4.Nominations and Appointments to Various Regional Boards and Associations (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1.Appoint three Members and one Alternate to the Inland Valley Development Agency Board of Directors; 2.Appoint two Members and one Alternate to the San Bernardino International Airport Authority Board of Directors; 3.Appoint one Member and one Alternate to the San Bernardino County Transportation Agency Board of Directors; 4.Appoint one Member and one Alternate to the OmniTrans Board of Directors; 5.Appoint one Member and one Alternate to the Interagency Council on Homelessness; 6.Appoint one Official Representative and one Alternate to the Southern California Association of Governments General Assembly; 7.Receive and file the Mayor’s selection of Juan Figueroa, Fred Shorett, Ben Reynoso, Kimberly Calvin, and Damon Alexander to vote in the Southern California Association of Governments Regional Council District 7 Election. Council Member Reynoso made a motion that the appointed members of the Inland Valley Development Agency be himself, Mayor Tran, and Council Member Calvin, with Council Member Shorett as an alternate. Council Member Calvin seconded the motion. Council Member Sanchez made a substitute motion to approve the Mayor’s appointments as listed on the agenda. Mayor Pro Tem Shorett seconded the motion. Packet Pg. 105 Regular Meeting Draft Minutes January 18, 2023 Mayor and City Council of the City of San Bernardino Page 6 RESULT: APPROVED THE MAYOR’S SELECTION OF APPOINTMENTS FOR VARIOUS REGIONAL BOARDS [6-1] MOVER:Theodore Sanchez, Council Member, Ward 1 SECONDER:Fred Shorett, Council Member, Ward 4 AYES:Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander NOES:Reynoso 5.Adoption of Resolution No. 2023019 Appointing an Interim City Manager and approving an employment agreement. Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2023-019 appointing an Interim City Manager and approving an employment agreement. Note: The candidate is anticipated to be selected by the Mayor and City Council in advance of the City Council Meeting held on January 18, 2023. Assistant City Manager Edelia Eveland reported that per Government Code 54953(c)(3), the City of San Bernardino is legally required to orally report salary and benefits of new executives during an open meeting, and announced that the Interim City Manager’s Salary would be $137.02 per hour with no other benefits. Interim City Manager Charles McNeely introduced himself and thanked the Mayor and City Council for their support. City Clerk Genoveva Rocha announced that supplemental documents regarding the appointment of the Interim City Manager were provided to the Mayor and City Council, posted online, and copies printed for the public. RESULT: APPROVED THE APPOINTMENT OF CHARLES E. MCNEELY AS INTERIM CITY MANAGER [7-0] MOVER:Ben Reynoso, Council Member, Ward 5 SECONDER:Sandra Ibarra, Council Member, Ward 7 AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander PUBLIC HEARINGS 6. Adopt New Purchasing Policy and Introduce Ordinance No. MC1605 amending Section 3.04 of the Municipal Code. (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California: Introduce, read by title only, and waive further reading of Ordinance No. MC-1605 amending Section 3.04 of the Municipal Code of the City of San Bernardino, California, and Adopt Resolution 2022-246 adopting the Purchasing Policy for the City of San Bernardino. Mayor Tran opened the public hearing at 9:39 p.m. Packet Pg. 106 Regular Meeting Draft Minutes January 18, 2023 Mayor and City Council of the City of San Bernardino Page 7 Agency Director of Administrative Services Barbara Whitehorn provided a presentation. There was one public speaker; Treasure Ortiz expressed that a fiscal audit should be performed before this policy is adopted. Council Member Reynoso made a motion to approve staff’s recommendation but change the City Manager’s $100,000 contract signing authority to $50,000. All contracts over $50,000 must be approved by the Mayor and City Council. The motion was seconded by Council Member Ibarra. Council Member Sanchez made a substitute motion to approve staff’s recommendation, with the addition of replacing the word “designee” in phrase “Purchases in this category may only be authorized by the City Manager or their designee” with “the Assistant City Manager with prior written authorization from the City Manager in the City Manager’s absence” in section 3.04.040B of Ordinance MC-1605. Mayor Pro Tem Shorett seconded the motion. City Clerk Genoveva Rocha made an announcement for the record that the resolution number 2022-246 on this item was inaccurate, and the correct number is 2023-020. The public hearing was closed at 10:18 p.m. RESULT: INTRODUCED, READ BY TITLE ONLY, AND WAIVED FURTHER READING OF ORDINANCE No. MC-1605, WITH A MINOR CHANGE TO SECTION 3.04.040B, REPLACING “DESIGNEE” WITH “THE ASSISTANT CITY MANAGER WITH PRIOR WRITTEN AUTHORIZATION FROM THE CITY MANAGER IN THE CITY MANAGER’S ABSENCE” AND ADOPTED RESOLUTION NO. 2023-020 ADOPTING THE PURCHASING POLICY FOR THE CITY OF SAN BERNARDINO [4-2] MOVER:Theodore Sanchez, Council Member, Ward 1 SECONDER:Fred Shorett, Council Member, Ward 4 AYES:Sanchez, Shorett, Calvin, Alexander NOES:Ibarra, Reynoso ABSENT:Figueroa 7. Public Hearing on Annexation No. 28 to Community Facilities District 20191 (Ward 5) RECOMMENDATION: It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1.Hold a Public Hearing; and 2.Adopt Resolution No. 2023 -001 of the Mayor and City Council of the City of San Bernardino, California, calling an election to submit to the qualified electors the question of levying a special tax within the area proposed to be annexed to Community Facilities District No. 2019-1 (Maintenance Services) (Annexation No. 28); and 3.Hold a special landowner election and canvas the election; and 4.Adopt Resolution No. 2023-002 of the Mayor and City Council of the City of San Bernardino, California, declaring election results for Community Facilities District No. 2019-1(Maintenance Services) (Annexation No. 28); and Packet Pg. 107 Regular Meeting Draft Minutes January 18, 2023 Mayor and City Council of the City of San Bernardino Page 8 5.Introduce, read by title only, and waive further reading of Ordinance No. MC- 1608 of the Mayor and City Council of the City of San Bernardino, California, amending Ordinance No. MC-1522 and levying special taxes to be collected during Fiscal Year 2022-2023 to pay annual costs of the maintenance and servicing of landscaping, lighting, water quality improvements, graffiti, streets, street sweeping, parks and trail maintenance, a reserve fund for capital replacement, and administrative expenses with respect to City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services); and 6.Schedule the adoption of Ordinance No. MC-1608 for February 1, 2023. Mayor Tran opened the public hearing at 10:22 p.m. The staff presentation was not requested. There were no public speakers or requests to speak. There were no written protests received. The public hearing was closed at 10:24 p.m. RESULT: ADOPTED RESOLUTION NO. 2023-001 [5-1] MOVER:Fred Shorett, Council Member, Ward 4 SECONDER:Theodore Sanchez, Council Member, Ward 1 AYES:Sanchez, Ibarra, Shorett, Calvin, Alexander NOES:Reynoso ABSENT:Figueroa RESULT: ADOPTED RESOLUTION NO. 2023-002 [5-1] MOVER:Fred Shorett, Council Member, Ward 4 SECONDER:Theodore Sanchez, Council Member, Ward 1 AYES:Sanchez, Ibarra, Shorett, Calvin, Alexander NOES:Reynoso ABSENT:Figueroa RESULT: INTRODUCED, READ BY TITLE ONLY AND WAIVED FURTHER READING OF ORDINANCE NO. MC 1608 [5-1] MOVER:Fred Shorett, Council Member, Ward 4 SECONDER:Theodore Sanchez, Council Member, Ward 1 AYES:Sanchez, Ibarra, Shorett, Calvin, Alexander NOES:Reynoso ABSENT:Figueroa 8. Public Hearing on Annexation No. 29 to Community Facilities District 20191 (Ward 3) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, Packet Pg. 108 Regular Meeting Draft Minutes January 18, 2023 Mayor and City Council of the City of San Bernardino Page 9 California: 1.Hold a Public Hearing; and 2.Adopt Resolution No. 2023 -004 of the Mayor and City Council of the City of San Bernardino, California, calling an election to submit to the qualified electors the question of levying a special tax within the area proposed to be annexed to Community Facilities District No. 2019-1 (Maintenance Services) (Annexation No. 29); and 3.Hold a special landowner election and canvass the election; and 4.Adopt Resolution No. 2023 -005 of the Mayor and City Council of the City of San Bernardino, California, declaring election results for Community Facilities District No. 2019- 1 (Maintenance Services) (Annexation No. 29); and 5.Introduce, read by title only, and waive further reading of Ordinance No. MC- 1609 of the Mayor and City Council of the City of San Bernardino, California, amending Ordinance No. MC-1522 and levying special taxes to be collected during Fiscal Year 2022-2023 to pay annual costs of the maintenance and servicing of landscaping, lighting, water quality improvements, graffiti, streets, street sweeping, parks and trail maintenance, a reserve fund for capital replacement, and administrative expenses with respect to City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services); and 6.Schedule the adoption of Ordinance No. MC-1609 for February 1, 2023. Assistant City Manager Edelia Eveland announced that the Public Hearing was being continued. RESULT: THIS ITEM WAS CONTINUED TO A FUTURE MEETING BY STAFF 9. Public Hearing on Annexation No. 30 to Community Facilities District 20191 (Ward 5) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Hold a Public Hearing; and 2. Adopt Resolution No. 2023 -006 of the Mayor and City Council of the City of San Bernardino, California, calling an election to submit to the qualified electors the question of levying a special tax within the area proposed to be annexed to Community Facilities District No. 2019-1 (Maintenance Services) (Annexation No. 30); and 3. Hold a special landowner election and canvass the election; and 4. Adopt Resolution No. 2023 -007 of the Mayor and City Council of the City of San Bernardino, California, declaring election results for Community Facilities District No. 2019- 1 (Maintenance Services) (Annexation No. 30); and 5. Introduce, read by title only, and waive further reading of Ordinance No. MC- 1610 of the Mayor and City Council of the City of San Bernardino, California, Packet Pg. 109 Regular Meeting Draft Minutes January 18, 2023 Mayor and City Council of the City of San Bernardino Page 10 amending Ordinance No. MC-1522 and levying special taxes to be collected during Fiscal Year 2022-2023 to pay annual costs of the maintenance and servicing of landscaping, lighting, water quality improvements, graffiti, streets, street sweeping, parks and trail maintenance, a reserve fund for capital replacement, and administrative expenses with respect to City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services); and 6. Schedule the adoption of Ordinance No. MC-1610 for February 1, 2023. Mayor Tran opened the public hearing at 10:27 p.m. The staff presentation was not requested. There were no public speakers or requests to speak. There were no written protests received. The public hearing was closed at 10:29 p.m. RESULT: ADOPTED RESOLUTION NO. 2023-006 [7-0] MOVER:Fred Shorett, Council Member, Ward 4 SECONDER:Ben Reynoso, Council Member, Ward 5 AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander RESULT: ADOPTED RESOLUTION NO. 2023-007 [7-0] MOVER:Fred Shorett, Council Member, Ward 4 SECONDER:Theodore Sanchez, Council Member, Ward 1 AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander RESULT: INTRODUCED, READ BY TITLE ONLY AND WAIVED FURTHER READING OF ORDINANCE MC-1610 [7-0] MOVER:Fred Shorett, Council Member, Ward 4 SECONDER:Sandra Ibarra, Council Member, Ward 2 AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander 10. Public Hearing on Annexation No. 32 to Community Facilities District 20191 (Ward 6) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1.Hold a Public Hearing; and 2.Adopt Resolution No. 2023 -008 of the Mayor and City Council of the City of San Bernardino, California, calling an election to submit to the qualified electors the question of levying a special tax within the area proposed to be annexed to Community Facilities District No. 2019-1 (Maintenance Services) (Annexation No. 32); and Packet Pg. 110 Regular Meeting Draft Minutes January 18, 2023 Mayor and City Council of the City of San Bernardino Page 11 3.Hold a special landowner election and canvass the election; and 4.Adopt Resolution No. 2023 -009 of the Mayor and City Council of the City of San Bernardino, California, declaring election results for Community Facilities District No. 2019- 1 (Maintenance Services) (Annexation No. 32); and 5.Introduce, read by title only, and waive further reading of Ordinance No. MC1611 of the Mayor and City Council of the City of San Bernardino, California, amending Ordinance No. MC-1522 and levying special taxes to be collected during Fiscal Year 2022-2023 to pay annual costs of the maintenance and servicing of landscaping, lighting, water quality improvements, graffiti, streets, street sweeping, parks and trail maintenance, a reserve fund for capital replacement, and administrative expenses with respect to City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services); and 6.Schedule the adoption of Ordinance No. MC-1611 for February 1, 2023. Mayor Tran opened the public hearing at 10:31 p.m. The staff presentation was not requested. There was one public speaker: Dolores Armstead spoke in opposition of this project because the City does not need any more fast food restaurants. There were no written protests received. The public hearing was closed at 10:34 p.m. RESULT: ADOPTED RESOLUTION NO. 2023-008 [5-2] MOVER:Fred Shorett, Council Member, Ward 4 SECONDER:Theodore Sanchez, Council Member, Ward 1 AYES:Sanchez, Ibarra, Figueroa, Shorett, Alexander NOES: Reynoso, Calvin RESULT: ADOPTED RESOLUTION NO. 2023-009 [6-1] MOVER:Fred Shorett, Council Member, Ward 4 SECONDER:Sandra Ibarra Council Member, Ward 2 AYES:Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander NOES: Reynoso Packet Pg. 111 Regular Meeting Draft Minutes January 18, 2023 Mayor and City Council of the City of San Bernardino Page 12 RESULT: INTRODUCED, READ BY TITLE ONLY AND WAIVED FURTHER READING OF ORDINANCE NO. MC-1611 [6-1] MOVER:Fred Shorett, Council Member, Ward 4 SECONDER:Theodore Sanchez, Council Member, Ward 1 AYES:Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander NOES:Reynoso CONSENT CALENDAR Items on the Consent Calendar are considered routine and are voted on in a single motion unless a council or staff member has pulled the item for more discussion. RESULT: APPROVED THE CONSENT CALENDAR, ITEMS NO. 11 THROUGH NO. 32. PULLED ITEMS NO. 20 AND NO. 28 FOR DISCUSSION. COUNCILMEMBER REYNOSO REGISTERED A “NO” VOTE FOR ITEMS NO. 24 AND NO. 25 [7-0] MOVER:Fred Shorett, Council Member, Ward 4 SECONDER:Damon Alexander, Council Member, Ward 7 AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander 11. Approving the Revised CityWide Records Retention Policy and Schedule Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, adopt Resolution No. 2023-010, establishing a revised Records Retention Policy and Schedules. RESULT: ADOPTED RESOLUTION NO. 2023-010 [7-0] MOVER:Fred Shorett, Council Member, Ward 4 SECONDER:Damon Alexander, Council Member, Ward 7 AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander 12. Infill Housing Master Development Agreement with Neighborhood Partnership Housing Services (NPHS) San Bernardino Developments, LLC (Wards 2 & 4) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Adopt Resolution No. 2023 -011 authorizing the execution of the Infill Housing Development Master Agreement between the City of San Bernardino and NPHS San Bernardino Developments, LLC to construct or reconstruct infill housing on blighted or underutilized sites and sell those properties to households whose income does not exceed 80% of the area median income. 2. Authorize the City Manager, or designee, to take further actions and execute Packet Pg. 112 Regular Meeting Draft Minutes January 18, 2023 Mayor and City Council of the City of San Bernardino Page 13 any further documents as necessary to effectuate the agreements. RESULT: APPROVED (7-0) MOVER:Fred Shorett, Council Member, Ward 4 SECONDER:Damon Alexander, Council Member, Ward 7 AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander 13. Adoption of Ordinance No. MC1603 Belmont Residential Subdivision Project (Ward 5) Recommendation It is recommended that the Mayor and City Council of San Bernardino, California, adopt Ordinance No. MC-1603 approving Development Code Amendment (Zoning Map Amendment) 21-05 changing the Zoning District Classification of a parcel (APN: 0261-151-10) containing approximately 6.10 acres from Residential Low (RL) to Residential Suburban (RS), pursuant to a Mitigated Negative Declaration (Attachment 1). RESULT: ADOPTED ORDINANCE NO. MC-1603 [7-0] MOVER:Fred Shorett, Council Member, Ward 4 SECONDER:Damon Alexander, Council Member, Ward 7 AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander 14. First Amendment to the Exclusive Negotiating Agreement (ENA) between the City of San Bernardino and the Richman Group, LLC (Ward 1) Recommendation: Authorize the execution of First Amendment to the Exclusive Negotiating Agreement between the City of San Bernardino and the Richman Group, LLC. Authorize the City Manager, or designee, to take further actions and execute any further documents as necessary to effectuate the First Amendment to the Exclusive Negotiating Agreement. RESULT: APPROVED [7-0] MOVER:Fred Shorett, Council Member, Ward 4 SECONDER:Damon Alexander, Council Member, Ward 7 AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander 15. City Board, Commission, and Citizen Advisory Committee Minutes approved in November/December 2022 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino receive and file the minutes from the City board, commission, and citizen advisory committee meetings approved in November and December 2022. Packet Pg. 113 Regular Meeting Draft Minutes January 18, 2023 Mayor and City Council of the City of San Bernardino Page 14 RESULT: APPROVED [7-0] MOVER:Fred Shorett, Council Member, Ward 4 SECONDER:Damon Alexander, Council Member, Ward 7 AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander 16. Investment Portfolio Report for October and November 2022 (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, accept and file the Monthly Investment Portfolio Report for October and November 2022. RESULT: APPROVED [7-0] MOVER:Fred Shorett, Council Member, Ward 4 SECONDER:Damon Alexander, Council Member, Ward 7 AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander 17. Administrative Budget Transfers Report Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California receive and file all listed administrative budget amendments from July 1, 2022, through December 15, 2022. RESULT: APPROVED [7-0] MOVER:Fred Shorett, Council Member, Ward 4 SECONDER:Damon Alexander, Council Member, Ward 7 AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander 18. Ratify and Approve Acceptance of Award from The California Public Utilities Commission for Local Agency Technical Assistance Grant Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1.Ratify and approve the acceptance of an award from the California Public Utilities Commission (CPUC) for the Local Agency Technical Assistance (LATA) Grant in the amount of $425,256.14 for 24 months, and 2.Adopt Resolution No. 2023-012 amending the General Fund 2022/23 Budget in the amount of $425,256.14 in both revenue and expenditures. RESULT: APPROVED [7-0] MOVER:Fred Shorett, Council Member, Ward 4 SECONDER:Damon Alexander, Council Member, Ward 7 AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander Packet Pg. 114 Regular Meeting Draft Minutes January 18, 2023 Mayor and City Council of the City of San Bernardino Page 15 19. Basic Compensation Plan for Temporary, PartTime and Seasonal Employees of the City of San Bernardino (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2023-013 approving a revised City-wide salary schedule for all full- time, part-time, temporary, and seasonal positions. RESULT: ADOPTED RESOLUTION NO. 2023-013 [7-0] MOVER:Fred Shorett, Council Member, Ward 4 SECONDER:Damon Alexander, Council Member, Ward 7 AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander 20. Amendment to Professional Services Agreements for Legal Services (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California authorize the City Manager or designee to execute: 1.The First Amendment to the Professional Services Agreement with Carpenter, Rothans & Dumont for representation in the Tammy Bender v. City of San Bernardino, et al. U.S. District Court Case No. 5:21-CV-01459-CBM-SP; 2.The Third Amendment to the Professional Services Agreement with Atkinson, Andelson, Loya, Rudd and Romo for representation in the Andrea Miller II v. City of San Bernardino, et al. II, San Bernardino Superior Co. Case No. CIVDS 2015337; 3.The Second Amendment to the Professional Services Agreement with Stream, Kim, Hicks, Wrage and Alfaro for representation in the Andrea Miller II v. City of San Bernardino, et al. II, San Bernardino Superior Co. Case No. CIVDS 2015337 Council Member Ibarra made a motion to vote separately on Items 1 and 2 above and recused herself from Item 3 due to a conflict of interest regarding her legal case. Mayor Pro Tem Shorett seconded the motion. Council Member Reynoso made a substitute motion to approve Item #20 as presented. Council Member Sanchez seconded the motion. Council Member Ibarra did not leave the dais during the vote and did not vote on the item. RESULT: APPROVED [6-0] MOVER:Ben Reynoso, Council Member, Ward 5 SECONDER:Theodore Sanchez, Council Member, Ward 1 AYES:Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander RECUSED:Ibarra 21. Agreements with Kaiser Permanente for Preemployment and Occupational Medical Services (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager or designee to execute: Packet Pg. 115 Regular Meeting Draft Minutes January 18, 2023 Mayor and City Council of the City of San Bernardino Page 16 1. A professional services agreement with Kaiser Permanente for pre -employment screening services. 2. A professional services agreement with Kaiser Permanente for occupational medical services. RESULT: APPROVED [7-0] MOVER:Fred Shorett, Council Member, Ward 4 SECONDER:Damon Alexander, Council Member, Ward 7 AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander 22. Home and Community Based Services (HCBS) Senior Nutrition Infrastructure Grant Program Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution No. 2023-014 to accept and allocate additional grant funds for the Senior Nutrition Program from the Home and Community Based Services (HCBS) Senior Nutrition Infrastructure Grant Program in the amount of $304,846. RESULT: ADOPTED RESOLUTION NO. 2023-014 [7-0] MOVER:Fred Shorett, Council Member, Ward 4 SECONDER:Damon Alexander, Council Member, Ward 7 AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander 23. Accept the Tobacco Grant Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2023-015 authorizing: 1.The City Manager or designee to accept the FY 2022/23 Department of Justice Tobacco Grant. 2.The Agency Director of Administrative Services to amend the FY 2022/23 Adopted Budget appropriating $1,097,375 in both revenue and expenditures. 3.The Police Department to increase the approved staffing appropriately. RESULT: APPROVED [7-0] MOVER:Fred Shorett, Council Member, Ward 4 SECONDER:Damon Alexander, Council Member, Ward 7 AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander 24.OffRoad Police Vehicles Goods Purchasing Agreement Report Recommendation It is recommended that of the Mayor and City Council of the City of San Bernardino, California, authorize: Packet Pg. 116 Regular Meeting Draft Minutes January 18, 2023 Mayor and City Council of the City of San Bernardino Page 17 1. The City Manager or his/her designee to enter into an agreement with Malcolm Smith Motorsports to purchase two off-road police vehicles in accordance with the Goods Purchasing Agreement. 2. The Agency Director of Administrative Services to issue a purchase order to Malcolm Smith Motorsports in an amount not to exceed $98,889.70. RESULT: APPROVED [6-1] MOVER:Fred Shorett, Council Member, Ward 4 SECONDER:Damon Alexander, Council Member, Ward 7 AYES:Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander NOES:Reynoso 25. Purchase of Night Vision Goggles Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize: 1. The City Manager or designee to sign and execute a purchase agreement with NightOps Tactical Incorporated; 2. The Agency Director of Administrative Services to issue a purchase order in the amount of $337,623 to NightOps Tactical Incorporated. RESULT: APPROVED [6-1] MOVER:Fred Shorett, Council Member, Ward 4 SECONDER:Damon Alexander, Council Member, Ward 7 AYES:Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander NOES:Reynoso 26. Purchase of Tactical Vests Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize: 1. The City Manager or designee to sign and execute a purchase agreement with Aardvark. 2. The Agency Director of Administrative Services to issue a purchase order in the amount of $70,000 to Aardvark. RESULT: APPROVED [7-0] MOVER:Fred Shorett, Council Member, Ward 4 SECONDER:Damon Alexander, Council Member, Ward 7 AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander 27. Professional Services Agreement for Focused Drainage Study for Meyers Creek Drainage System Packet Pg. 117 Regular Meeting Draft Minutes January 18, 2023 Mayor and City Council of the City of San Bernardino Page 18 Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the award of a Professional Services Agreement with Q3 Consulting to prepare the Focused Drainage Study for Meyers Creek Drainage System and authorize the City Manager, or designee, to sign and execute the agreement. RESULT: APPROVED [7-0] MOVER:Fred Shorett, Council Member, Ward 4 SECONDER:Damon Alexander, Council Member, Ward 7 AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander 28. Award a Professional Services Agreement for a Parks Master Plan Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2023-016 to: 1. Approve the award of a Professional Services Agreement with Next Practice Partners, LLC to prepare the City of San Bernardino Parks Master Plan in the amount of $997,400; and 2. Authorize the Agency Director of Administrative Services to amend the FY 2022/23 CIP budget and appropriate funding from the FY 2023/24 adopted CIP budget in the amount of $750,000 through Measure S Fund to complete the Project; and 3. Authorize the City Manager, or designee, to sign and execute the agreement. RESULT: APPROVED [6-0] MOVER:Ben Reynoso, Council Member, Ward 5 SECONDER:Fred Shorett, Council Member, Ward 4 AYES:Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander ABSENT:Ibarra 29. Adoption of Ordinance MC1606 (Ward 4) Recommendation Adopt Ordinance No. MC-1606 of the Mayor and City Council of the City of San Bernardino, California, amending Ordinance No. MC-1522 and levying special taxes to be collected during Fiscal Year 2022-2023 to pay the annual costs of the maintenance and servicing of landscaping, lighting, water quality improvements, graffiti, streets, street sweeping, parks and trail maintenance, a reserve fund for capital replacement, and administrative expenses with respect to City of San Bernardino Community Facilities District No. 2019 -1 (Maintenance Services). Packet Pg. 118 Regular Meeting Draft Minutes January 18, 2023 Mayor and City Council of the City of San Bernardino Page 19 RESULT: ADOPTED ORDINANCE NO. MC-1606 [7-0] MOVER:Fred Shorett, Council Member, Ward 4 SECONDER:Damon Alexander, Council Member, Ward 7 AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander 30. Adoption of Ordinance No. MC1607 (Ward 1) Recommendation Adopt Ordinance No. MC-1607 of the Mayor and City Council of the City of San Bernardino, California, amending Ordinance No. MC-1522 and levying special taxes to be collected during Fiscal Year 2022-2023 to pay the annual costs of the maintenance and servicing of landscaping, lighting, water quality improvements, graffiti, streets, street sweeping, parks and trail maintenance, a reserve fund for capital replacement, and administrative expenses with respect to City of San Bernardino Community Facilities District No. 2019 -1 (Maintenance Services). RESULT: ADOPTED ORDINANCE OF MC-1607 [7-0] MOVER:Fred Shorett, Council Member, Ward 4 SECONDER:Damon Alexander, Council Member, Ward 7 AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander 31. Resolution Declaring Intent to Annex Territory: Community Facilities District No. 20191 (Maintenance Services): Annexation No. 31, Tax Zone No. 32 (Rancho Ave.) (Ward 3) Recommendation Adopt Resolution No. 2023-017 of the Mayor and City Council of the City of San Bernardino, California, declaring its intention to annex territory into Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino, adopting a map of the area to be proposed (Annexation No. 31) and authorizing the levy of a special taxes therein. RESULT: ADOPTED RESOLUTION NO. 2023-017 [7-0] MOVER:Fred Shorett, Council Member, Ward 4 SECONDER:Damon Alexander, Council Member, Ward 7 AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander 32. License Agreement with DP Industrial Parkway, LLC Recommendation It is recommended that the Mayor and City Council of San Bernardino, California, adopt Resolution No. 2023-018: 1. Authorizing a License Agreement with DP Industrial Parkway, LLC, a Delaware limited liability company, for the construction of improvements that include a driveway, block wall, trailer parking, and paving located at 5770 Industrial Parkway, San Bernardino, California; and 2. Directing the City Manager or designee to execute the Agreement; and Packet Pg. 119 Regular Meeting Draft Minutes January 18, 2023 Mayor and City Council of the City of San Bernardino Page 20 3. Finding that the project is covered by the mitigated negative declaration previously approved for the 5770 Industrial Parkway project pursuant to the California Environmental Quality Act. RESULT: APPROVED [7-0] MOVER:Fred Shorett, Council Member, Ward 4 SECONDER:Damon Alexander, Council Member, Ward 7 AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander ITEMS TO BE CONSIDERED FOR FUTURE MEETINGS 33. Recognized Partnership with Casa Ramona (Ward 1) – Council Member Sanchez RESULT: AMENDED THE MOTION TO RECOGNIZE A PARTNERSHIP WITH CASA RAMONA AND HOME AND NEIGHBORLY SERVICES FOR CONSIDERATION AT A FUTURE MEETING [6-0] MOVER:Theodore Sanchez, Council Member, Ward 7 SECONDER:Fred Shorett, Council Member, Ward 4 AYES:Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander ABSENT:Ibarra 34. Initiate a Request for Proposal seeking a consultant to prepare a feasibility study for installing bike lanes and crosswalk improvements in Downtown (Wards 1, 3) - Council Member Reynoso RESULT: AMENDED THE MOTION FOR STAFF TO PREPARE A FEASIBILITY STUDY FOR INSTALLING BIKE LANES IN THE CITY FOR CONSIDERATION AT A FUTURE MEETING [6-0] MOVER:Damon Alexander, Council Member, Ward 7 SECONDER:Ben Reynoso, Council Member, Ward 5 AYES:Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander ABSTAIN:Ibarra 35. Direct staff to work with the Mayor and City Council to evaluate and determine the appropriate staffing levels in the Office of the Mayor and the City Council Office (All Wards) – Council Member Alexander RESULT: APPROVED FOR CONSIDERATION AT A FUTURE MEETING [7-0] MOVER:Damon Alexander, Council Member, Ward 7 SECONDER:Ben Reynoso, Council Member, Ward 5 AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander ADJOURNMENT The meeting of the Mayor and City Council was adjourned on Wednesday, January 18, 2023, at 11:03 p.m. Packet Pg. 120 Regular Meeting Draft Minutes January 18, 2023 Mayor and City Council of the City of San Bernardino Page 21 The next joint regular meeting of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency will be held on Wednesday, February 1, 2023, in the Council Chamber located at 555 West 6th Street, San Bernardino, California 92410.Closed Session will begin at 5:30 p.m. Open Session will begin at 7:00 p.m. By:_________________________ Genoveva Rocha, CMC Packet Pg. 121 City of San Bernardino 201 North E Street San Bernardino, CA 92401 http://www.sbcity.org Draft Minutes FOR THE REGULAR MEETING OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY, MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT AGENCY, MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE HOUSING AUTHORITY, AND MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY WEDNESDAY, MARCH 1, 2023 5:30 PM The Regular Meeting of the Mayor and City Council of the City of San Bernardino was called to order at 5:35 PM by Mayor Helen Tran on Wednesday, March 1, 2023, at Feldheym Central Library, San Bernardino, CA. CALL TO ORDER Attendee Name Title Status Arrived Theodore Sanchez Council Member, Ward 1 Present Sandra Ibarra Council Member, Ward 2 Present Juan Figueroa Council Member, Ward 3 Present Fred Shorett Mayor Pro-Tem, Ward 4 Present Ben Reynoso Council Member, Ward 5 Present Kimberly Calvin Council Member, Ward 6 Present Damon L Alexander Council Member, Ward 7 Absent Helen Tran Mayor Present Charles McNeely Interim City Manager Present Sonia Carvalho City Attorney Present Genoveva Rocha City Clerk Present Mayor Helen Tran Council Members Theodore Sanchez Sandra Ibarra Juan Figueroa Fred Shorett Ben Reynoso Kimberly Calvin Damon L. Alexander Packet Pg. 122 Regular Meeting Draft Minutes March 1, 2023 Mayor and City Council of the City of San Bernardino Page 2 5:30 P.M. CLOSED SESSION PUBLIC COMMENT There were no public comments or requests to speak for Closed Session. CLOSED SESSION A)CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) and (d)(1): 1)Douglas Heath v. City of San Bernardino, WCBA Case No. ADJ11111333 2)David Wixom v. City of San Bernardino, WCBA Case Nos. ADJ10598588; ADJ10471088; and ADJ12213353 Assistant City Attorney Thomas Rice stated item No. A1 of the closed session agenda was being pulled by staff and would not be discussed in closed session. 7:00 PM INVOCATION AND PLEDGE OF ALLEGIANCE Assistant Pastor Gwendolyn Dowdy Rodgers, Church of living God led the Invocation and Yamaris Zamora from Anton Elementary School led the Pledge of Allegiance to the Flag. CLOSED SESSION REPORT Assistant City Attorney Thomas Rice stated item No. A1 was pulled from discussion. The Mayor and City Council gave direction to outside legal counsel for item No. A2. There was no formal reportable action. PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA Eddie Apodaca spoke about the Fire Department interview process. Roberto Lopez (spoke in Spanish and was interpreted) requested that he be able to sell ice cream at the Council Chamber parking lot. Mike Hartley expressed that there is a problem with trying to park on the street in the City and there should be better rules for parking. Clementina Pina-Bernal inquired about the upcoming Burrtec rate increases. She does not want the rates to be increased. Treasure Ortiz asked the Mayor and City Council for an update on the Downtown Redevelopment Project. She stated that there is a lack of transparency and accountability in the City. Packet Pg. 123 Regular Meeting Draft Minutes March 1, 2023 Mayor and City Council of the City of San Bernardino Page 3 Tina Andrade, 5th Grade teacher, requested assistance for the homeless population in the City. David Farugia, Teamster, spoke in opposition of Item #7. He would like to meet and confer with the City about the proposed project. Dolores Armstead, Planning Commissioner, reaffirmed the Planning Commission’s decision to not allow crushing or grinding of concrete in the City. Luis Ojeda, Founder of ‘We are the Change” and SB Food Fest, expressed support of City staff. He asked that people not judge staff when they make mistakes. He also informed that SB Food Fest is returning on May 6th. Robert Porter, commissioner, spoke about the snow that fell in the City the weekend prior. He asked that the City begin having Christmas light shows and other holiday events. Maria Ramirez, Jesus Manuel Gaxiola, Alejandro Rodriguez, Miguel Angel Rodriguez, Javier Hernandez, Jessica Alcocer, Fanelly Milan, Claudia Bautista, Roberto Martinez Flores, Karen Sosa, Lyzzeth Mendoza, and Jesus Montiveros all spoke in support of the day laborers in the City. They request that the Mayor and City Council work with the Inland Coalition for Immigrant Justice and the Pomona Economic Opportunity Center to build a worker’s center in the City and stop penalizing and harassing day laborers. At this time, the following remote speakers were heard via Zoom: Simeone Miller, stated that he is a student at Cal State San Bernardino, and he is concerned about poor lighting and the need for speed bumps in the area. Aurora Sanchez Mata spoke in support of the day laborers in the City. Georgia asked that the Mayor and City Council do something about all the stray dogs and cats in the City. She requested that there be a mass spay and neuter campaign to control the pet population. E. Negrete spoke about Item #2 on the agenda. She requests that the City conduct an RFP for these services instead of just choosing a vendor. She wants grant funding to be given to the Police Department. Written public comments were provided to the Mayor and City Council. CITY MANAGER UPDATE Public Information Officer Jeff Kraus provided city-wide updates. Highlights included Police Department drug bust operations, library book donations from Dr. Margaret Hill’s estate, and an upcoming Open House for Project Fighting Chance. MAYOR & CITY COUNCIL UPDATES/REPORTS ON CONFERENCES/MEETINGS The Mayor and City Council provided updates, including upcoming events, housing, and projects in the community. Council Member Ibarra was absent during these updates. Packet Pg. 124 Regular Meeting Draft Minutes March 1, 2023 Mayor and City Council of the City of San Bernardino Page 4 CONSENT CALENDAR Items on the Consent Calendar are considered routine and are voted on in a single motion unless a council or staff member has pulled the item for more discussion. RESULT: APPROVED THE CONSENT CALENDAR AND PULLED ITEMS NO. 2 AND NO. 8 FOR A SEPARATE VOTE. STAFF PULLED ITEM NO. 7 FROM CONSIDERATION. A SEPARATE VOTE WAS TAKEN FOR ITEM NO. 9. [6-0] MOVER:Ben Reynoso, Council Member, Ward 5 SECONDER:Fred Shorett, Council Member, Ward 4 AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, ABSENT:Alexander 1. Resolution Approving and Adopting an Amended Conflict of Interest Code Pursuant to the Political Reform Act of 1974 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution No. 2023-34 approving and adopting the amended Conflict of Interest Code pursuant to the Political Reform Act of 1974. RESULT: ADOPTED RESOLUTION NO. 2023-34 [6-0] MOVER:Ben Reynoso, Council Member, Ward 5 SECONDER:Fred Shorett, Council Member, Ward 4 AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin ABSENT:Alexander 2. Approve Professional Services Agreement to Southern California Crossroads for Hospital-based Community Violence Intervention Services Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1.Authorize the City Manager, or designee, to execute a Professional Services Agreement with Southern California Crossroads for hospital-based community violence intervention services; and 2.Authorize the Agency Director of Administrative Services to issue a Purchase Order to Southern California Crossroads in a total amount not to exceed $1,160,000.00. Mayor Pro Tem Shorett pulled this item for discussion. Council Member Sanchez stated that there should be a Request for Proposals (RFP) for this item, due to this being a sensitive issue and a large amount of money. Council Member Sanchez made a motion to direct staff to conduct the RFP. The motion was seconded by Mayor Pro Tem Shorett. There was a substitute motion by Council Member Calvin to approve the staff recommendation, which was seconded by Council Member Reynoso. Packet Pg. 125 Regular Meeting Draft Minutes March 1, 2023 Mayor and City Council of the City of San Bernardino Page 5 RESULT: MOTION TO APPROVE STAFF’S RECOMMENDATION FAILED [4- 2] MOVER:Kimberly Calvin, Council Member, Ward 6 SECONDER:Ben Reynoso, Council Member, Ward 5 AYES:Reynoso, Calvin NOES:Sanchez, Ibarra, Figueroa, Shorett, ABSENT:Alexander The City Council then voted on the original motion made by Council Member Sanchez. RESULT: CONTINUED THE ITEM AND DIRECTED STAFF TO COMPLETE THE RFP PROCESS FOR HOSPITAL-BASED COMMUNITY VIOLENCE INTERVENTION SERVICES [6-0] MOVER:Theodore Sanchez, Council Member, Ward 1 SECONDER:Fred Shorett, Mayor Pro Tem, Ward 4 AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin ABSENT:Alexander 3. Resolution Declaring Intent to Annex Territory: Community Facilities District No. 2019-1 (Maintenance Services): Annexation No. 29, Tax Zone No. 30 (Valley View Industrial) (Ward 3) Recommendation: It is recommended that the Mayor and City Council of San Bernardino, California, adopt Resolution No. 2023-032 of the Mayor and City Council of San Bernardino, California, declaring its intention to annex territory into Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino, adopting a map of the area to be proposed (Annexation No. 29) and authorizing the levy of a special taxes therein. RESULT: ADOPTED RESOLUTION NO. 2023-032 [6-0] MOVER:Ben Reynoso, Council Member, Ward 5 SECONDER:Fred Shorett, Council Member, Ward 4 AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin ABSENT:Alexander 4. Investment Portfolio Report for December 2022 (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, accept and file the Monthly Investment Portfolio Report December 2022. Packet Pg. 126 Regular Meeting Draft Minutes March 1, 2023 Mayor and City Council of the City of San Bernardino Page 6 RESULT: APPROVED [6-0] MOVER:Ben Reynoso, Council Member, Ward 5 SECONDER:Fred Shorett, Council Member, Ward 4 AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin ABSENT:Alexander 5. Approval of Commercial and Payroll Disbursements (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California approve the commercial and payroll disbursements for February 2023. RESULT: APPROVED [6-0] MOVER:Ben Reynoso, Council Member, Ward 5 SECONDER:Fred Shorett, Council Member, Ward 4 AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin ABSENT:Alexander 6. Library Revenue and Expense Budget (All Wards) Recommendation: Adopt Resolution No. 2023-033 of the Mayor and City Council of the City of San Bernardino, California: 1.Accepting funding of $10,303 from the Inland Library System, $8,671.27 from CTC Technology & Energy and $200 from San Bernardino Emblem Club No.178. 2.Authorizing the Agency Director of Administrative Services to amend the FY 2022/23 Adopted Budget for the Library including $19,174.27 in both revenues and expenditures. RESULT: ADOPTED RESOLUTION NO. 2023-033 [6-0] MOVER:Ben Reynoso, Council Member, Ward 5 SECONDER:Fred Shorett, Council Member, Ward 4 AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin ABSENT:Alexander 7. Task Order Issued to Willdan Engineering for Augmented Engineering Services Pursuant to Professional Service Agreement for On-Call Engineering Services (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, 1.Approve a Task Order Willdan Engineering001 to Willdan Engineering to provide augmented Land Development and National Pollutant Discharge Elimination System (NPDES) Programmatic Services pursuant to the approved Professional Services Agreement (PSA) for On-Call Engineering Services; and 2.Authorize the Agency Director of Administrative Services to issue a purchase order in the amount of $99,720.00. Packet Pg. 127 Regular Meeting Draft Minutes March 1, 2023 Mayor and City Council of the City of San Bernardino Page 7 Assistant City Manager Edelia Eveland pulled this item from consideration. RESULT: THIS ITEM WAS CONTINUED TO A FUTURE MEETING BY STAFF. 8. Bid Rejection for Construction Contract Award – Citywide Pavement Rehabilitation (21 Locations) (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2023-035 rejecting bids for construction of the Citywide Pavement Rehabilitation at 21 locations. Council Members Figueroa and Calvin expressed their frustration regarding having to reject this bid, due to the project being overdue. Council Member Calvin also asked staff to be equitable when it comes to street repair. RESULT: ADOPTED RESOLUTION NO. 2023-035 [5-1] MOVER:Theodore Sanchez, Council Member, Ward 1 SECONDER:Ben Reynoso, Council Member, Ward 5 AYES:Sanchez, Figueroa, Shorett, Reynoso, Calvin NOES:Ibarra ABSENT:Alexander 9. Resolution Rejecting Construction Bids for Speicher Park Renovation (Ward 7) Recommendation: Adopt Resolution No. 2023-036 of the Mayor and City Council of the City of San Bernardino, California, rejecting Construction Bids for Speicher Park Renovation. RESULT: ADOPTED RESOLUTION NO. 2023-036 [6-0] MOVER:Theodore Sanchez, Council Member, Ward 1 SECONDER:Ben Reynoso, Council Member, Ward 5 AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin ABSENT:Alexander 10. Resolution Accepting the Local Roadway Safety Plan (LRSP) (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2023-037, accepting the Local Roadway Safety Plan (LRSP). RESULT: ADOPTED RESOLUTION NO. 2023-037 [6-0] MOVER:Ben Reynoso, Council Member, Ward 5 SECONDER:Fred Shorett, Council Member, Ward 4 AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin ABSENT:Alexander 11. Acceptance of FY 2022 Edward Byrne Justice Assistance Grant (All Wards) Recommendation: Packet Pg. 128 Regular Meeting Draft Minutes March 1, 2023 Mayor and City Council of the City of San Bernardino Page 8 It is recommended that the Mayor and City Council of the City of San Bernardino California, adopt Resolution No. 2023-038, authorizing: 1.The City Manager to accept the 2022 Edward Byrne Justice Assistance Grant, and 2.The Agency Director of Administrative Services to amend the FY2022/23 Adopted Budget by $213,617 in both revenue and expenditures. RESULT: APPROVED [6-0] MOVER:Ben Reynoso, Council Member, Ward 5 SECONDER:Fred Shorett, Council Member, Ward 4 AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin ABSENT:Alexander DISCUSSION 12. Fiscal Year 2022/23 Mid-Year Update (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1.Receive and file the Fiscal Year 2022/23 Mid-Year Budget Report; and 2.Adopt Resolution No. 2023-039 Authorizing the Agency Director of Administrative Services to amend the Fiscal Year 2022/23 Operating Budget by $5,914,730 as outlined in the Fiscal Year 2022/23 Mid-Year Budget Report. Agency Director of Administrative Services Barbara Whitehorn and Budget Division Manager Zuyva Ruiz presented the Mid-Year Budget Report. Council member Ibarra made a motion to allow for separate votes on each item of the staff recommendation. The motion was seconded by Mayor Pro Tem Shorett. RESULT: APPROVED THE MOTION TO SEPARATE THE ITEMS [5-1] MOVER:Sandra Ibarra, Council Member, Ward 2 SECONDER:Fred Shorett, Mayor Pro Tem, Ward 4 AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso NOES:Calvin ABSENT:Alexander Council Member Sanchez made a motion to approve staff’s recommendation. RESULT: RECEIVED AND FILED 2022/23 MID-YEAR BUDGET REPORT AND ADOPTED RESOLUTION NO. 2023-039 [4-2] MOVER:Theodore Sanchez, Council Member, Ward 1 SECONDER:Ben Reynoso, Council Member, Ward 5 AYES:Sanchez, Figueroa, Reynoso, Calvin NOES:Ibarra, Shorett ABSENT:Alexander Packet Pg. 129 Regular Meeting Draft Minutes March 1, 2023 Mayor and City Council of the City of San Bernardino Page 9 13. Introduce Ordinance No. MC-1612 Amending Section 8.24.050 of the Municipal Code (Notification of Administrative Hearing) (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1.Introduce, read by title only, and waive further reading of Ordinance No. MC -1612 amending Section 8.24.050 of the San Bernardino Municipal Code regarding notification of administrative hearing decision and final report of delinquent solid waste charges to affected persons. A presentation was provided by Director of Public Works Daniel Hernandez. The title of the Ordinance was read into the record by City Clerk Genoveva Rocha. RESULT: INTRODUCED, READ BY TITLE ONLY, AND WAIVED FURTHER READING OF ORDINANCE NO. MC-1612 [4-2] MOVER:Theodore Sanchez, Council Member, Ward 1 SECONDER:Fred Shorett, Council Member, Ward 4 AYES:Sanchez, Ibarra, Figueroa, Shorett NOES:Reynoso, Calvin ABSENT:Alexander PUBLIC HEARINGS 14. Public Hearing on Annexation No. 31 to Community Facilities District 2019-1 (Ward 3) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1.Hold a Public Hearing; and 2. Adopt Resolution No. 2023-040 of the Mayor and City Council of the City of San Bernardino, California, calling an election to submit to the qualified electors the question of levying a special tax within the area proposed to be annexed to Community Facilities District No. 2019-1 (Maintenance Services) (Annexation No. 31); and 3. Hold a special landowner election and canvass the election; and 4. Adopt Resolution No. 2023-041 of the Mayor and City Council of the City of San Bernardino, California, declaring election results for Community Facilities District No. 2019- 1 (Maintenance Services) (Annexation No. 31); and 5. Introduce, read by title only, and waive further reading of Ordinance No. MC-1613 of the Mayor and City Council of the City of San Bernardino, California, amending Ordinance No. MC-1522 and levying special taxes to be collected during Fiscal Year 2023-2024 to pay annual costs of the maintenance and servicing of landscaping, lighting, water quality improvements, graffiti, streets, street sweeping, parks and trail maintenance, a reserve fund for capital replacement, and administrative expenses with respect to City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services); and 6. Schedule the adoption of Ordinance No. MC-1613 for March 15, 2023. Mayor Tran opened the public hearing at 10:30 p.m. Packet Pg. 130 Regular Meeting Draft Minutes March 1, 2023 Mayor and City Council of the City of San Bernardino Page 10 Council member Calvin requested the staff presentation. Community and Economic Development Director Nathan Freeman introduced Jonathan Short with Spicer Consulting, who provided the presentation. There were no public speakers or written protests received. The public hearing was closed at 10:37 p.m. The title of the Ordinance was read into the record by City Clerk Genoveva Rocha. RESULT: ADOPTED RESOLUTION NO. 2023-040 [5-0] MOVER:Theodore Sanchez, Council Member, Ward 1 SECONDER:Juan Figueroa, Council Member, Ward 3 AYES:Sanchez, Figueroa, Shorett, Reynoso, Calvin ABSENT:Ibarra, Alexander RESULT: ADOPTED RESOLUTION NO. 2023-041 [5-0] MOVER:Fred Shorett, Council Member, Ward 4 SECONDER:Theodore Sanchez, Council Member, Ward 1 AYES:Sanchez, Figueroa, Shorett, Reynoso, Calvin ABSENT:Ibarra, Alexander RESULT: INTRODUCED, READ BY TITLE ONLY, AND WAIVED FURTHER READING OF ORDINANCE NO. MC 1613 [5-0] MOVER:Fred Shorett, Council Member, Ward 4 SECONDER:Theodore Sanchez, Council Member, Ward 1 AYES:Sanchez, Figueroa, Shorett, Reynoso, Calvin, ABSENT:Ibarra, Alexander 15. Substantial Amendment to the Fiscal Year 2022-2023 Annual Action Plan – HOME Investment Partnership American Rescue Plan Program (HOME-ARP) (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1.Conduct a Public Hearing of the draft HOME Investment Partnership Allocation and Substantial Amendment to the Fiscal Year 2022-2023 Approved Action Plan; and 2.Authorize the Interim City Manager, or his designee, to execute any further documents as may be necessary to effectuate the submittal of the Substantial Amendment to the Fiscal Year 2022-2023 Action Plan. Mayor Tran opened the public hearing at 10:44 p.m. Housing Division staff Trina Perez provided a presentation. Packet Pg. 131 Regular Meeting Draft Minutes March 1, 2023 Mayor and City Council of the City of San Bernardino Page 11 There were no public speakers for this item. The public hearing was closed at 10:49 p.m. RESULT: APPROVED [4-2] MOVER:Ben Reynoso, Council Member, Ward 5 SECONDER:Theodore Sanchez, Council Member, Ward 1 AYES:Sanchez, Ibarra, Figueroa, Shorett NOES:Reynoso, Calvin ABSENT:Alexander ITEMS TO BE CONSIDERED FOR FUTURE MEETINGS 16. City Organization Realignment (All Wards) – Council Member Alexander Council Member Sanchez made a motion to reject this request, which was seconded by Mayor Pro Tem Shorett. Council Member Reynoso made a substitute motion to continue the item to a future meeting where Council Member Alexander is present. The motion was seconded by Council Member Calvin. RESULT: ITEM CONTINUED TO MARCH 15, 2023 [4-2] MOVER:Ben Reynoso, Council Member, Ward 5 SECONDER:Kimberly Calvin, Council Member, Ward 6 AYES:Ibarra, Figueroa, Reynoso, Calvin NOES:Sanchez, Shorett ABSENT: Alexander ADJOURNMENT The meeting of the Mayor and City Council was adjourned on Wednesday, March 1, 2023, at 10:52 p.m. The next joint regular meeting of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency will be held on Wednesday, March 15, 2023, in the Council Chamber located at 555 West 6th Street, San Bernardino, California 92410. Closed Session will begin at 5:30 p.m. Open Session will begin at 7:00 p.m. By:________________________ Genoveva Rocha, CMC Packet Pg. 132 1 3 8 7 CONSENT CALENDAR City of San Bernardino Request for Council Action Date:July 19, 2023 To:Honorable Mayor and City Council Members From:Charles E. McNeely, Interim City Manager; Daniel Hernandez, Agency Director of Public Works, Operations, and Maintenance Department:Public Works Subject:Agreement with Center for Employment Opportunities (CEO) (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Authorize the City Manager to execute a Maintenance Services Agreement with the Center for Employment Opportunities, (CEO), for City-wide right-of-way maintenance services, litter/illegal dumping collection, and weed abatement. 2. Adopt Resolution No. 2023-116 authorizing the Agency Director of Administrative Services to amend the FY2023/24 Gas Tax Operating Budget Revenue and Expenditures by $464,340 for right-of-way clean-up services and weed abatement; and 3. Authorize the Agency Director of Administrative Services to issue a purchase order not to exceed the amount of $1,014,340. Background The Operations and Maintenance Division (O&M) of the Public Works Department is responsible for the maintenance, repair, beautification, and clean-up of City-owned infrastructure and rights of way. In conjunction with various vendors and non-profit organizations, it is also responsible for ensuring the City’s rights-of-way, properties, and streets are properly maintained and kept free of litter, illegally dumped debris, and other hazards. This includes weed abatement and mowing on City-owned properties, vacant lots, alleys, and sidewalks. The Center for Employment Opportunities (CEO) is an important partner in the department’s maintenance efforts. Packet Pg. 133 1 3 8 7 In March of 2016, an agreement with CEO was approved by the Mayor and City Council after a brief introduction to the organization and its mission. The City Council believed CEO would be beneficial not just to the clean-up of the city, but in providing work programs for individuals under parole or probation supervision. In May of 2018, the Mayor and City Council approved an extension of the program and expressed a strong interest in expanding the scope of the program. The City Council also approved two other amendments extending the program to June 30, 2023. Discussion The City of San Bernardino has approximately 62 square miles within its city limits and more than 534 center lane miles for which maintenance, clean-up, litter collection and weed abatement is required. While in-house staff and other landscape maintenance contractors generally provide these maintenance and clean-up services at parks and street medians, areas such as alleys, vacant lots and other City properties have largely relied on CEO for their maintenance and cleanliness services. Staff have recognized the vital role CEO (as a non-profit organization) has provided in the performance of these duties. They continue to be a vital player in the City’s efforts to keep its streets and rights-of-way clean. To date, the program has been a complete success with little to no daily oversight required by City staff other than providing daily work tasks. In-house staff issues these regular work tasks to CEO via Public Works’ work order management system with nothing more required. CEO is responsible for its payroll, insurance, in-the-field supervision, and management of their crews. With increased responsibilities for City supervisors and managers, CEO’s dependability and self-management of crews has been invaluable to staff and has reduced the administrative burden of managing additional crews for management staff. It is also important to note that as a non-profit organization, CEO provides a desperately needed service at very competitive rates below market cost. They utilize prevailing wages but subsidize 55% of the cost the city would otherwise pay for similar services. Additionally, they provide all training to their crews at no cost to the city and are responsible for their own equipment, supplies, and personal protective equipment. The city only allows them to dispose of collected debris and litter at our city yard. CEO crews consist of at least 6 employees per crew with dedicated on-site field supervisors. An additional smaller crew responsible for daily illegal dump clean-up on City streets and rights-of-ways consists of 3 employees plus a supervisor. The crews work five days a week and are flexible to the needs of the city should more important maintenance or cleanliness services be required, such as palm frond or storm debris clean-up. CEO’s annual work production for the city has been nothing short of remarkable. Within the past year, they have provided the following services: Packet Pg. 134 1 3 8 7 Table 1. CEO Annual Work Production (April 2022-April 2023) Right of Way Clean Up Remarks 83 CRMs completed 1,078,050 Sq. Ft. cleared 544 cubic yards of debris removed This includes litter collection, weed abatement, and hazard removals. City Lots and Vacant Properties 91 CRMs completed 4,445,000 Sq. Ft. cleared 577 cubic yards of debris removed This includes large item removal, brush clearing for fire-hazard compliance, bulky item removal if present. Alleys 125 CRMs 4,944,000 Sq. Ft. cleared 701 cubic yards of debris removed This includes weed-abatement near fences, litter collection, bulky item removal. Palm Frond Post-Storm Clean Up Remarks 295 palm frond piles removed Each pile consists of large palm fronds and related green waste present on roadsides and sidewalks. Illegal Dumps 1,445 illegal dumps removed city- wide Only includes January 2023 to April 2023 since the new “roving crew” program was initiated. By far, the biggest contribution from CEO as each illegal dump can average 2 cubic yards of debris. Exception to Non-Competitive Procurement In March of 2023, the Operations and Maintenance Division of Public Works worked with the City Attorney and Procurement to determine the best path forward in ensuring the City would be able to continue providing the vital services CEO has been delivering. CEO is a non-profit organization with a proven track record of success, with their clean-up effort and reducing recidivism rates among parolees residing in the City. In addition, CEO assists with work transitional services (to include those related to the unhoused community). A determination was made that an exception to the standard procurement process could be used under the “public good” clause. As a result, CEO was asked to provide the cost to renew their services within a new maintenance service agreement. The cost requested primarily focuses on a cost-per-crew with optional crews included, should Council or staff decide to further-expand their services to building facilities or graffiti abatement services in the future. These detailed costs are Packet Pg. 135 1 3 8 7 provided in Exhibit 2 of Attachment 1 but are summarized in the table below. It is important to note these costs will be renewed, should the City exercise any options to extend the agreement. This agreement will consist of four option years after the first contract year and will be renewed annually at the City’s discretion. The last option year will expire on June 30, 2028. The City will need to budget annually for each option year should they be exercised within the Public Works Operations and Maintenance. Table 2. Cost per Crew with Optional Crews and Option Years Crew Type Total Employees Annual Cost Roving Illegal Dump Crew #1 3 participants plus supervisor $186,750 Roving Illegal Dump Crew #2 3 participants plus supervisor $186,750 Roving Illegal Dump Crew #3 3 participants plus supervisor $186,750 Standard Crew #1 6 participants plus supervisor $454,090 TOTAL:$1,014,340 Optional Crews* Facility Support Crew 4 participants plus supervisor $262,142 Graffiti Crew 2 participants plus supervisor $182,275 OPTIONAL CREW TOTAL:$444,417 * The optional crews are shown for reference only Staff is confident that CEO will continue providing the same exceptional level of service that has been demonstrated since City Council initiated this program in 2016. Should further expansion of the program be considered, costs for optional crews are provided and an amendment to extend services would be sought from City Council. In FY 22/23 the funding allocation for these services utilized the Gas Tax Fund in the amount of $550,00 and was requested for appropriation in the upcoming FY2023/24 budget. A budget amendment is requested within the Public Works, Operations and Maintenance budget in the amount of $464,340 to compensate for the additional roving illegal dump crews. The total annual amount of this agreement is $1,014,340. The Gas Tax Fund has historically been utilized for curb-to-curb improvements of City streets and roads. This includes minor projects, repairs, upgrades, and maintenance within the boundaries of the street. 2021-2025 Strategic Targets and Goals This project is consistent with several goals and targets. It is aligned with Goal No. 3: Improved Quality of Life. This maintenance service agreement will ensure City streets, property, vacant lots, alleys, and rights-of-way are kept clean and free of litter and weeds. It will also enhance safety for our residents and improve the quality of life. Packet Pg. 136 1 3 8 7 Fiscal Impact The impact to the Gas Tax Fund will be $1,014,340 for this item. There is no General Fund impact. Additionally, the Gas Tax Fund will require an amendment of $464,340 to compensate for the additional illegal dump (roving) crews as only $550,000 has been programmed annually into the upcoming FY 2023/24 budget. The full amount of $1,014,340 will be required annually until FY 2028 should the City elect option years. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Authorize the City Manager to execute a Maintenance Services Agreement with the Center for Employment Opportunities, (CEO), for City-wide right-of-way maintenance services, litter/illegal dumping collection, and weed abatement. 2. Adopt Resolution No. 2023-096 authorizing the Agency Director of Administrative Services to amend the FY2023/24 Gas Tax Operating Budget Revenue and Expenditures by $464,340 for right-of-way clean-up services and weed abatement; and 3. Authorize the Agency Director of Administrative Services to issue a purchase order not to exceed the amount of $1,014,340. Attachment Attachment 1 Maintenance Services Agreement Attachment 2 Resolution 2023-116 Attachment 3 CEO Original Agreement 2016 Attachment 4 CEO First Amendment Attachment 5 CEO Second Amendment Attachment 6 Reso for First Amendment Attachment 7 CEO 2018 Staff Report Ward: All Wards Synopsis of Previous Council Actions: August 15, 2018 Resolution No 2018-230 Authorizing an Amendment to the Vendor Services Agreement with the Center for Employment Opportunities. May 2, 2018 Resolution No. 2018-122 Authorizing an Agreement with the Center for Employment Opportunities Packet Pg. 137 1 3 8 7 May 11, 2016 Resolution No. 2016-45 Authorizing an Agreement with the Center for Employment Opportunities Packet Pg. 138 - 1 - CITY OF SAN BERNARDINO MAINTENANCE SERVICES AGREEMENT 1. PARTIES AND DATE. This Agreement is made and entered into this 19th day of July, 2023 by and between the City of San Bernardino, a municipal corporation organized under the laws of the State of California with its principal place of business at Vanir Tower, 290 North D Street, San Bernardino, California 92401, County of San Bernardino, State of California (“City”) and CENTER FOR EMPLOYMENT OPPORTUNITIES, a CALIFORNIA CORPORATION, with its principal place of business at 1777 Atlanta Avenue, Suite G-1, Riverside, CA 92507 (“Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement. 2. RECITALS. 2.1 Contractor. Contractor desires to perform and assume responsibility for the provision of certain maintenance services required by the City on the terms and conditions set forth in this Agreement. Contractor represents that it is experienced in providing Right of Way Clean-Up and Weed Abatement Services to public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the Services in the State of California, and that is familiar with the plans of City. Contractor shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. 2.2 Project. City desires to engage Contractor to render such services for the Right of Way Clean-Up and Weed Abatement Services project (“Project”) as set forth in this Agreement. 3. TERMS. 3.1 Scope of Services and Term. 3.1.1 General Scope of Services. Contractor promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional Right of Way Clean-Up and Weed Abatement Services necessary for the Project (“Services”). The Services are more particularly described in Exhibit “A” attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. 3.1.2 Term. The term of this Agreement shall be from July 19, 2023, to June 30, 2024, unless earlier terminated as provided herein. Contractor shall complete the Services within the term of this Agreement and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to continue services by electing four (4) annual option years, culminating on June 30, 2028. Packet Pg. 139 - 2 - 2 7 8 0 3.2 Responsibilities of Contractor. 3.2.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Contractor or under its supervision. Contractor will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Contractor on an independent contractor basis and not as an employee. Contractor retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor’s exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation insurance. 3.2.2 Schedule of Services. Contractor shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit “B” attached hereto and incorporated herein by reference. Contractor represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Contractor’s conformance with the Schedule, City shall respond to Contractor’s submittals in a timely manner. Upon request of City, Contractor shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services. 3.2.3 Conformance to Applicable Requirements. All work prepared by Contractor shall be subject to the approval of City. 3.2.4 City’s Representative. The City hereby designates Ernesto Salinas, or his or her designee, to act as its representative for the performance of this Agreement (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Agreement. Contractor shall not accept direction or orders from any person other than the City’s Representative or his or her designee. 3.2.5 Contractor’s Representative. Contractor hereby designates Henry Barela, or his or her designee, to act as its representative for the performance of this Agreement (“Contractor’s Representative”). Contractor’s Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Agreement. The Contractor’s Representative shall supervise and direct the Services, using his or her best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement. 3.2.6 Coordination of Services. Contractor agrees to work closely with City staff in the performance of Services and shall be available to City’s staff, consultants, and other staff at all reasonable times. 3.2.7 Standard of Care; Performance of Employees. Contractor shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Services. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Packet Pg. 140 - 3 - 2 7 8 0 Contractor represents that it, its employees, and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Contractor’s failure to comply with the standard of care provided for herein. Any employee of the Contractor or its sub-contractors who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Contractor and shall not be re-employed to perform any of the Services or to work on the Project. 3.2.8 Period of Performance. Contractor shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time”). Contractor shall perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits “A” or “B” attached hereto, or which may be provided separately in writing to the Contractor. Contractor agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such completion schedule or Project milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage. 3.2.9 Disputes. Should any dispute arise respecting the true value of any work done, of any work omitted, or of any extra work which Contractor may be required to do or respecting the size of any payment to Contractor during the performance of this Contract, Contractor shall continue to perform the Work while said dispute is decided by the City. If Contractor disputes the City’s decision, Contractor shall have such remedies as may be provided by law. 3.2.10 Laws and Regulations; Employee/Labor Certifications. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with Services. If the Contractor performs any work knowing it to be contrary to such laws, rules, and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom. City is a public entity of the State of California subject to certain provisions of the Health & Safety Code, Government Code, Public Contract Code, and Labor Code of the State. It is stipulated and agreed that all provisions of the law applicable to the public contracts of a municipality are a part of this Agreement to the same extent as though set forth herein and will be complied with. These include but are not limited to the payment of prevailing wages, the stipulation that eight (8) hours’ labor shall constitute a legal day’s work and that no worker shall be permitted to work in excess of eight (8) hours during any one calendar day except as permitted by law. Contractor shall defend, indemnify, and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations. 3.2.10.1 Employment Eligibility; Contractor. By executing this Agreement, Contractor verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time. Such Packet Pg. 141 - 4 - 2 7 8 0 requirements and restrictions include, but are not limited to, examination and retention of documentation confirming the identity and immigration status of each employee of the Contractor. Contractor also verifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement and shall not violate any such law at any time during the term of the Agreement. Contractor shall avoid any violation of any such law during the term of this Agreement by participating in an electronic verification of work authorization program operated by the United States Department of Homeland Security, by participating in an equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, or by some other legally acceptable method. Contractor shall maintain records of each such verification and shall make them available to the City or its representatives for inspection and copy at any time during normal business hours. The City shall not be responsible for any costs or expenses related to Contractor’s compliance with the requirements provided for in Section 3.2.10 or any of its sub- sections. 3.2.10.2 Employment Eligibility; Subcontractors, Sub-subcontractors and Consultants. To the same extent and under the same conditions as Contractor, Contractor shall require all of its subcontractors, sub-subcontractors and consultants performing any work relating to the Project or this Agreement to make the same verifications and comply with all requirements and restrictions provided for in Section 3.2.10.1. 3.2.10.3 Employment Eligibility; Failure to Comply. Each person executing this Agreement on behalf of Contractor verifies that they are a duly authorized officer of Contractor, and understands that any of the following shall be grounds for the City to terminate the Agreement for cause: (1) failure of Contractor or its subcontractors, sub-subcontractors or consultants to meet any of the requirements provided for in Sections 3.2.10.1 or 3.2.10.2; (2) any misrepresentation or material omission concerning compliance with such requirements (including in those verifications provided to the Contractor under Section 3.2.10.2); or (3) failure to immediately remove from the Project any person found not to be in compliance with such requirements. 3.2.10.4 Labor Certification. By its signature hereunder, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 3.2.10.5 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, or termination. 3.2.10.6 Air Quality. Contractor must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the California Air Resources Board (CARB). Contractor shall specifically be aware of the CARB limits and requirements’ application to “portable equipment”, which definition is considered by CARB to include any item of equipment with a fuel-powered engine. Contractor shall indemnify City against any fines or penalties imposed by CARB or any other governmental or regulatory agency for Packet Pg. 142 - 5 - 2 7 8 0 violations of applicable laws, rules and/or regulations by Contractor, its subcontractors, or others for whom Contractor is responsible under its indemnity obligations provided for in this Agreement. 3.2.10.7 Water Quality. (A) Management and Compliance. To the extent applicable, Contractor’s Services must account for, and fully comply with, all local, state and federal laws, rules and regulations that may impact water quality compliance, including, without limitation, all applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000-14950); laws, rules and regulations of the Environmental Protection Agency and the State Water Resources Control Board; the City’s ordinances regulating discharges of storm water; and any and all regulations, policies, or permits issued pursuant to any such authority regulating the discharge of pollutants, as that term is used in the Porter-Cologne Water Quality Control Act, to any ground or surface water in the State. (B) Liability for Non-Compliance. Failure to comply with the laws, regulations and policies described in this Section is a violation of law that may subject Contractor or City to penalties, fines, or additional regulatory requirements. Contractor shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from and against any and all fines, penalties, claims or other regulatory requirements imposed as a result of Contractor’s non-compliance with the laws, regulations and policies described in this Section, unless such non-compliance is the result of the sole established negligence, willful misconduct or active negligence of the City, its officials, officers, agents, employees or authorized volunteers. (C) Training. In addition to any other standard of care requirements set forth in this Agreement, Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them without impacting water quality in violation of the laws, regulations and policies described in this Section. Contractor further warrants that it, its employees, and subcontractors will receive adequate training, as determined by City, regarding the requirements of the laws, regulations and policies described in this Section as they may relate to the Services provided under this Agreement. Upon request, City will provide Contractor with a list of training programs that meet the requirements of this paragraph. 3.2.11 Insurance. 3.2.11.1 Time for Compliance. Contractor shall not commence Work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this Section. In addition, Contractor shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this Section. 3.2.11.2 Minimum Requirements. Contractor shall, at its expense, procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement by the Contractor, its agents, representatives, employees, or subcontractors. Contractor shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Agreement. Such insurance shall meet at least the following minimum levels of coverage: Packet Pg. 143 - 6 - 2 7 8 0 (A) Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance; (4) Privacy/Network Security (Cyber), in a form and with insurance companies acceptable to City; and the policy shall not contain any exclusion contrary to the Agreement, including but not limited to endorsements or provisions limiting coverage for (1) contractual liability (including but not limited to ISO CG 24 26 or 21 29); or (2) cross liability for claims or suits by one insured against another. (B) Minimum Limits of Insurance. Contractor shall maintain limits no less than: (1) General Liability $2,000,000 MINIMUM per occurrence for bodily injury, personal injury, and property damage; and $4,000,0000 aggregate. If Commercial General Liability Insurance or other form with general aggregate limit is used including, but not limited to, form CG 2503, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability $1,000,000 MINIMUM; per accident for bodily injury and property damage; (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation limits as required by the Labor Code of the State of California. Employer’s Liability limits of $1,000,000 MINIMUM per accident for bodily injury or disease; (Defense costs shall be paid in addition to the limits.) (C) Notices; Cancellation or Reduction of Coverage. At least fifteen (15) days prior to the expiration of any such policy, evidence showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or materially reduced, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, the City has the right but not the duty to obtain the insurance it deems necessary, and any premium paid by the City will be promptly reimbursed by Contractor or the City may withhold amounts sufficient to pay premium from Contractor payments. In the alternative, the City may suspend or terminate this Agreement. (D) Additional Insured. The City of San Bernardino, its directors, officials, officers, employees, agents, and volunteers shall be named as additional insureds on Contractor’s and its subcontractors’ policies of commercial general liability and automobile liability insurance using the endorsements and forms specified herein or exact equivalents. 3.2.11.3 Insurance Endorsements. The insurance policies shall contain the following provisions, or Contractor shall provide endorsements on forms supplied or approved by the City to add the following provisions to the insurance policies: (A) General Liability. The general liability policy shall include or be endorsed (amended) to state that: (1) using ISO CG forms 20 10 and 20 37, or endorsements providing the exact same coverage, the City of San Bernardino, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insured with respect to the Services or ongoing and complete operations performed by or on behalf of the Contractor, including materials, parts or equipment furnished in connection with such work; and (2) using ISO form 20 01, or endorsements providing the exact same coverage, the insurance coverage shall Packet Pg. 144 - 7 - 2 7 8 0 be primary insurance as respects the City, its directors, officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor’s scheduled underlying coverage. Any excess insurance shall contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of the City before the City’s own primary insurance or self-insurance shall be called upon to protect it as a named insured. Any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents, and volunteers shall be in excess of the Contractor’s insurance and shall not be called upon to contribute with it in any way. Notwithstanding the minimum limits set forth in Section 3.2.11.2(B), any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section 3.2.11.3(A). (B) Automobile Liability. The automobile liability policy shall include or be endorsed (amended) to state that: (1) the City, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Contractor or for which the Contractor is responsible; and (2) the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor’s scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents, and volunteers shall be in excess of the Contractor’s insurance and shall not be called upon to contribute with it in any way. Notwithstanding the minimum limits set forth in Section 3.2.11.2(B), any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section 3.2.11.3(B). (C) Workers’ Compensation and Employer’s Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its directors, officials, officers, employees, agents, and volunteers for losses paid under the terms of the insurance policy which arise from work performed by the Contractor. (D) All Coverages. Each insurance policy required by this Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days (10 days for nonpayment of premium) prior written notice by certified mail, return receipt requested, has been given to the City; and (B) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its directors, officials, officers, employees, agents, and volunteers. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officials, officers, employees, agents and volunteers, or any other additional insureds. 3.2.11.4 Separation of Insureds; No Special Limitations; Waiver of Subrogation. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City, its directors, officials, officers, employees, agents, and volunteers. All policies shall waive any right of subrogation of the insurer against the City, its officials, officers, employees, agents, and volunteers, or any other additional insureds, or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, its officials, officers, employees, agents, and volunteers, or any other additional Packet Pg. 145 - 8 - 2 7 8 0 insureds, and shall require similar written express waivers and insurance clauses from each of its subcontractors. 3.2.11.5 Deductibles and Self-Insurance Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. Contractor shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its directors, officials, officers, employees, agents, and volunteers; or (2) the Contractor shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses. 3.2.11.6 Subcontractor Insurance Requirements. Contractor shall not allow any subcontractors to commence work on any subcontract relating to the work under the Agreement until they have provided evidence satisfactory to the City that they have secured all insurance required under this Section. If requested by Contractor, the City may approve different scopes or minimum limits of insurance for particular subcontractors. The Contractor and the City shall be named as additional insureds on all subcontractors’ policies of Commercial General Liability using ISO form 20 38, or coverage at least as broad. 3.2.11.7 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best’s rating no less than A: VIII, licensed to do business in California, and satisfactory to the City. 3.2.11.8 Verification of Coverage. Contractor shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf and shall be on forms provided by the City if requested. All certificates and endorsements must be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. 3.2.11.9 Reporting of Claims. Contractor shall report to the City, in addition to Contractor’s insurer, any and all insurance claims submitted by Contractor in connection with the Services under this Agreement. 3.2.12 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. 3.2.13 Bonds. 3.2.13.1 Performance Bond. If required by law or otherwise specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor Packet Pg. 146 - 9 - 2 7 8 0 shall execute and provide to City concurrently with this Agreement a Performance Bond in the amount of the total, not-to-exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City. 3.2.13.2 Payment Bond. If required by law or otherwise specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Agreement a Payment Bond in the amount of the total, not-to-exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City. 3.2.13.3 Bond Provisions. Should, in City’s sole opinion, any bond become insufficient, or any surety be found to be unsatisfactory, Contractor shall renew or replace the affected bond within 10 days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Agreement until any replacement bonds required by this Section are accepted by the City. To the extent, if any, that the total compensation is increased in accordance with the Agreement, the Contractor shall, upon request of the City, cause the amount of the bonds to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. To the extent available, the bonds shall further provide that no change or alteration of the Agreement (including, without limitation, an increase in the total compensation, as referred to above), extensions of time, or modifications of the time, terms, or conditions of payment to the Contractor, will release the surety. If the Contractor fails to furnish any required bond, the City may terminate this Agreement for cause. 3.2.13.4 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, shall be accepted. The surety must be a California-admitted surety with a current A.M. Best’s rating no less than A: VIII and satisfactory to the City. If a California-admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City. 3.2.14 Accounting Records. Contractor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Contractor shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 3.2.15 Work Site. 3.2.15.1 Inspection Of Site. Contractor shall visit sites where Services are to be performed and shall become acquainted with all conditions affecting the Services prior to commencing the Services. Contractor shall make such examinations as it deems necessary to determine the condition of the work sites, its accessibility to materials, workmen and equipment, and to determine Contractor’s ability to protect existing surface and subsurface Packet Pg. 147 - 10 - 2 7 8 0 improvements. No claim for allowances–time or money–will be allowed as to such matters after commencement of the Services. 3.2.15.2 Field Measurements. Contractor shall make field measurements, verify field conditions, and shall carefully compare such field measurements and conditions and other information known to Contractor with the Contract Documents, including any plans, specifications, or scope of work before commencing Services. Errors, inconsistencies, or omissions discovered shall be reported to the City immediately and prior to performing any Services or altering the condition. 3.2.16 Loss and Damage. Contractor shall be responsible for all loss and damage which may arise out of the nature of the Services agreed to herein, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the Services until the same is fully completed and accepted by City. 3.2.17 Warranty. Contractor warrants all Services under the Contract (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Contract or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by the City of any defect in the Services or non-conformance of the Services to the Contract, commence and prosecute with due diligence all Services necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act sooner as requested by the City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the work (or work of other contractors) damaged by its defective Services or which becomes damaged in the course of repairing or replacing defective work. For any work so corrected, Contractor’s obligation hereunder to correct defective work shall be reinstated for an additional one-year period, commencing with the date of acceptance of such corrected work. Contractor shall perform such tests as the City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Contract. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of the Contractor. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the work, whether express or implied, ae deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not such warranties and guarantees have been transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Contract, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming work and any work damaged by such work or the replacement or correction thereof at Contractor's sole expense. Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand. 3.3 Fees and Payments. 3.3.1 Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit “C” attached hereto and incorporated herein by reference. The total compensation shall Packet Pg. 148 - 11 - 2 7 8 0 not exceed One Million Fourteen Thousand Three Hundred Forty Dollars ($1,014,340). Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement. 3.3.2 Payment of Compensation. Contractor shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Contractor. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within 45 days of receiving such statement, review the statement and pay all approved charges thereon. 3.3.3 Deductions. City may deduct or withhold, as applicable, from each progress payment an amount necessary to protect City from loss because of: (1) stop payment notices as allowed by state law; (2) unsatisfactory prosecution of the Services by Contractor; (3) sums representing expenses, losses, or damages as determined by the City, incurred by the City for which Contractor is liable under the Agreement; and (4) any other sums which the City is entitled to recover from Contractor under the terms of the Agreement or pursuant to state law, including Section 1727 of the California Labor Code. The failure by the City to deduct any of these sums from a progress payment shall not constitute a waiver of the City's right to such sums. 3.3.4 Reimbursement for Expenses. Contractor shall not be reimbursed for any expenses unless authorized in writing by City. 3.3.5 Extra Work. At any time during the term of this Agreement, City may request that Contractor perform Extra Work. As used herein, “Extra Work” means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Contractor shall not perform, nor be compensated for, Extra Work without written authorization from City’s Representative. 3.3.6 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects. If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Contract. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request and shall post copies at Contractor’s principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Contractor and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). The requirement to submit certified payroll records directly to the Labor Commissioner Packet Pg. 149 - 12 - 2 7 8 0 under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4. 3.3.7 Registration/DIR Compliance. If the Services are being performed as part of an applicable “public works” or “maintenance” project, and if the total compensation is $15,000 or more, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Contractor and all subcontractors performing such Services must be registered with the Department of Industrial Relations. Contractor shall maintain registration for the duration of the Project and require the same of any subcontractors, as applicable. This Project may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Contractor’s sole responsibility to comply with all applicable registration and labor compliance requirements. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1. Any stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor that affect Contractor’s performance of Services, including any delay, shall be Contractor’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Contractor caused delay and shall not be compensable by the City. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor. 3.4 Termination of Agreement. 3.4.1 Grounds for Termination. City may, by written notice to Contractor, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Contractor shall be compensated only for those services which have been adequately rendered to City, and Contractor shall be entitled to no further compensation. Contractor may not terminate this Agreement except for cause. 3.4.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Contractor to provide all finished or unfinished Documents and Data and other information of any kind prepared by Contractor in connection with the performance of Services under this Agreement. Contractor shall be required to provide such document and other information within fifteen (15) days of the request. 3.4.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. 3.5 General Provisions. 3.5.1 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose: Packet Pg. 150 - 13 - 2 7 8 0 Contractor: Center for Employment Opportunities, Inc. 1777 Atlanta Avenue, Suite G-1 Riverside, CA 92507 Attn: Henry Barela City: City of San Bernardino Vanir Tower, 290 North D Street San Bernardino, CA 92401 Attn: Ernesto Salinas With Copy To: City of San Bernardino Vanir Tower, 290 North D Street San Bernardino, CA 92401 Attn: City Attorney Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 3.5.2 Indemnification. 3.5.2.1 Scope of Indemnity. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold the City, its officials, employees, agents and volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, regardless of whether the allegations are false, fraudulent, or groundless, to property or persons, including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Contractor, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Contractor’s Services, the Project or this Agreement, including without limitation the payment of all expert witness fees, attorneys’ fees and other related costs and expenses. Notwithstanding the foregoing, to the extent required by Civil Code section 2782, Contractor’s indemnity obligation shall not apply to liability for damages for death or bodily injury to persons, injury to property, or any other loss, damage or expense which is caused by the the sole or active negligence or willful misconduct of the City or the City’s agents, servants, or independent contractors who are directly responsible to the City. 3.5.2.2 Additional Indemnity Obligations. Contractor shall defend, with counsel of City’s choosing and at Contractor’s own cost, expense, and risk, any and all Claims covered by this indemnification section that may be brought or instituted against City or its officials, employees, agents and volunteers. In addition, Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its officials, employees, agents and volunteers as part of any such claim, suit, action or other proceeding. Contractor shall also reimburse City for the cost of any settlement paid by City or its officials, employees, agents and volunteers as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for City’s attorney’s fees and costs, including expert witness fees. Contractor shall reimburse City and its officials, employees, agents, and volunteers, for any and all legal Packet Pg. 151 - 14 - 2 7 8 0 expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor’s obligation to indemnify shall survive expiration or termination of this Agreement, and shall not be restricted to insurance proceeds, if any, received by the City, its officials, employees, agents and volunteers. 3.5.3 Governing Law; Government Code Claim Compliance. This Agreement shall be governed by the laws of the State of California. Venue shall be in San Bernardino County, California. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Contractor must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims, and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Contractor. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Contractor shall be barred from bringing and maintaining a valid lawsuit against the City. 3.5.4 Time of Essence. Time is of the essence for each and every provision of this Agreement. 3.5.5 City’s Right to Employ Other Contractors. City reserves right to employ other contractors in connection with this Project. 3.5.6 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties. 3.5.7 Assignment or Transfer. Contractor shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. 3.5.8 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not workdays. All references to Contractor include all personnel, employees, agents, and subcontractors of Contractor, except as otherwise specified in this Agreement. All references to City include its officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content or intent of this Agreement. 3.5.9 Amendment; Modification. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 3.5.10 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel or otherwise. Packet Pg. 152 - 15 - 2 7 8 0 3.5.11 No Third Party Beneficiaries. Except to the extent expressly provided for in Section 3.5.7, there are no intended third party beneficiaries of any right or obligation assumed by the Parties. 3.5.12 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.5.13 Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Contractor further agrees to file, or shall cause its employees or subcontractors to file, a Statement of Economic Interest with the City’s Filing Officer as required under state law in the performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 3.5.14 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement. 3.5.15 Authority to Enter Agreement. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party. 3.5.16 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. 3.5.17 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties. 3.5.18 Electronic Signature. Each Party acknowledges and agrees that this Agreement may be executed by electronic or digital signature, which shall be considered as an original signature for all purposes and shall have the same force and effect as an original signature. 3.5.19 Federal Provisions. When funding for the Services is provided, in whole or in part, by an agency of the federal government, Contractor shall also fully and adequately comply with the provisions included in Exhibit “D” (Federal Requirements) attached hereto and incorporated herein by reference (“Federal Requirements”). With respect to any conflict between such Federal Requirements and the terms of this Agreement and/or the provisions of state law, the more stringent requirement shall control. Packet Pg. 153 - 16 - 2 7 8 0 [SIGNATURES ON FOLLOWING PAGE] Packet Pg. 154 - 17 - 2 7 8 0 SIGNATURE PAGE FOR MAINTENANCE SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND CENTER FOR EMPLOYMENT OPPORTUNITIES, INC. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the date first written above. CITY OF SAN BERNARDINO APPROVED BY: Charles E. McNeely Interim City Manager ATTESTED BY: Genoveva Rocha, CMC City Clerk APPROVED AS TO FORM: Best Best & Krieger LLP City Attorney CENTER FOR EMPLOYMENT OPPORTUNITIES, INC. By: Its: Printed Name: By: Its: Printed Name: ____________________________________ Contractor’s License Number ____________________________________ DIR Registration Number Packet Pg. 155 EXHIBIT A EXHIBIT A SCOPE OF SERVICES The Vendor will furnish all materials, renderings, equipment, tools, removal, installation, labor, coordination, permits, supervision, freight, and incidentals (including tax) as necessary to perform and complete the project pursuant to the Request for Vendor Quotes and the Agreement. The following is a non-inclusive description of the project work and/or goods to be provided. The Vendor will perform right-of-way and related maintenance services that primarily focuses on the collection of litter and illegally dumped items. This organization must have a 501 c 3 status whose workforce is staffed with participants seeking to improve their lives and who are part of a transitional work program designed to reduce recidivism rates (see Para., Program Participants and Para., Contractor Responsibilities for detailed requirements). The organization must also have the ability to be contacted on- demand via our dispatch service using cell phones or other mobile technologies during the workday. Work will be located within the City of San Bernardino rights-of-way (including sidewalks), city-maintained easements, city parking lots, and any other city property. In some instances, weed abatement, small brush removal, sediment removal, and vegetation removal from ROWs will be requested. Sweeping of trash and debris may also be requested as part of litter collection efforts from curbs and storm drains on ROW—especially as it collects on top of sediment. Below is a list of general work tasks. It’s again important to note that the bulk of the requirements of this scope of services is the collection of litter and illegally- dumped items from sidewalks and ROWs but is not limited only to those tasks. In general, work will mostly be centered in or near the arterial streets listed in Table 2. Table 1. List of General Work Tasks Work Tasks Remarks removal of litter, garbage, and debris from ROWs sweeping of trash with broom from curb lines/storm drains prior to collection This is typically littering such as cups, food wrappers that street sweepers fail to collect removal of minor sediment from ROWs/curb & gutter lines removal of vegetation from ROWs This may include pulling vegetation from sidewalk cracks, curbs, exterior of storm drains sweeping of trash from roadways May require extra safety precautions collection of trash dumped on roadways collection of illegally dumped items from ROWs and roadways weed eating As requested by city staff Packet Pg. 156 EXHIBIT A Work Tasks Remarks removal of litter, garbage, and debris from ROWs sweeping of trash with broom from curb lines/storm drains prior to collection This is typically litter such as cups, food wrappers that street sweepers fail to collect removal of minor sediment from ROWs/curb & gutter lines removal of vegetation from ROWs This may include pulling vegetation from sidewalk cracks, curbs, exterior of storm drains sweeping of trash from roadways May require extra safety precautions collection of trash dumped on roadways collection of illegally dumped items from ROWs and roadways weed eating As requested by city staff Table 2. List of Arterial Streets Arterial Street Remarks Sierra Way From Mill Street to 52 St. Waterman From Hospitality to 40th Arterial Street Remarks Highland Entire street Baseline Entire street Tippecanoe Entire street excluding County Pockets 40th Street Entire street Mountain View Ave Not to be confused with Mt. View (abbreviated street name at other area) H Street Entire street (land locked but continues off of Kendall) G Street Entire sreet Rialto Street Entire street Orange Show Rd/San Bernardino Ave East and west to include merge with San Bernardino Ave to Mt. View 2nd Street Mt. Vernon to Freeway (I Street) Meridian Entire street within city limits 5th Street Entire street excluding County Pockets Kendall Dr Entire street Sterling Entire street excluding County Pockets Del Rosa Entire street excluding County Pockets E Street Entire street Arrowhead Entire Street Packet Pg. 157 EXHIBIT A Priority Work Tasks: The tables below reflect the ideal priorities for the city and is intended to provide the organization with a better understanding of the city’s current and additional maintenance needs by priority. Not all tasks will be requested routinely. PRIORITY 1. Work Tasks Remarks litter collection from ROWs, city properties illegal dumping collection from ROWs, city properties includes bulky items palm frond collection from ROWs city-wide post wind events scraping and removal of slap stickers from intersection poles, ped buttons, etc sweep/blow sidewalks on arterial corridors after litter c weed abatement (pull and/or use weed-whacker) from ROWs and other city properties chemical application not authorized without proper certifications yardwaste collection from ROWs, city properties PRIORITY 2. Work Tasks Remarks graffiti removal from utility boxes, poles, ped buttons guardrail touch-up painting raking of landscaped areas (non-contractual sites) bottle caps, broken bottles collection at parks and ROWs raking underneath plant beds in Parks, ROWs, bleacher wipe down/touch up painting park bench paint touch-up PRIORITY 3. Work Tasks Remarks assistance with homeless camp clean ups removal of debris from lake at Seccombe Lake will not require getting in lake/water removal of dead plants at street medians, other areas curb/gutter trash collection and clean up minor curb painting in non-high traffic volume areas fence touch up (vine removal, spray paint touch up) Packet Pg. 158 EXHIBIT A PRIORITY 4. Projects Remarks small to medium sized landscape upgrades (conversion of grass-turf areas to drought-tolerant) this will include decorative rock spreading, planting, mulch application, weed-prevention fabric, etc. pocket park establishment decomposed granite (spreading), rock and mulch application, planting, mulch application pressure-washing sidewalks will require training/observation by city staff before operating brush removal from vacant lots, trimming to 18” or lower for native plants/brush fire hazard (overgrown vegetation) mitigation STAFFING It is requested at least (1) roving illegal dump collection crew of at least 3 participants and one supervisor be provided on a daily basis for street/row cleanup activities. An additional standard crew of at least 6 participants (plus a supervisor) is requested for larger clean-up of vacant city lots or other City property. •Supplemental Staffing: Two (2) supplemental roving illegal dump collection crews are requested within this agreement. The City recognizes that this is contingent upon participant availability. •Optional Staffing: A third (optional) crew of at least 4 participants and one supervisor is also highly desired to assist with janitorial services at approximately 20 city parks. A fourth (optional) crew of at least 2 participants plus one supervisor is desirable for graffiti abatement/curb painting. Please Note: The cost for optional crews should not be reflected in overall cost for services, but, rather, included as a separate amount. Program Participants: The organization will ensure that crews providing services to the city will be comprised of individuals who live in San Bernardino County, have criminal conviction(s), and have been thoroughly screened by the organization to ensure they will be suitable participants for a program of this nature. EQUIPMENT The organization must provide a listing of available equipment and supplies to reassure the City of its ability to perform required work tasks. While no specific equipment is mandated, it is generally expected that the organization will possess the following: •2 large stake bed trucks •3 passenger vehicles with trailer-mounted porta-potties •Rakes, blowers, weed-whackers, litter pickers, pressure-washers, •All necessary PPE for employees Packet Pg. 159 EXHIBIT A Additional Notes: Litter collection may be required from sidewalks, store fronts, alcoves, entrances, crevices and may include items such as leftover food, used clothing/shoes, debris, syringes, and is not limited solely to paper-based wrappings or discarded food packaging. These items may be disposed in City trash receptacles (if at a low volume) and/or brought to the City yard for higher volumes (excluding syringes/needles). Litter collection in ravines, creeks, washes, or embankments will require a separate agreement between both parties (the City and Organization) to ensure maximum safety should the need arise. The inability to provide these tasks will not disqualify the organization from consideration for this project. RESPONSIBILITIES OF THE 501 (c) 3 ORGANIZATION The organization will: •Perform all outreach, recruitment, screening, and enrollment for program participants and will manage all aspects related to participant’s requirements for verification or participation in the program. The City will not verify any individual’s participation in work tasks (or employment) for any outside entities or other related agencies requesting such information. •Screen all participants and provide supervisory controls to ensure eligibility and fitness for work, •Provide supervisors for each work crew. •Ensure the safety of all participants to include training for working in streets, proper PPE usage, and any other safety-related training. •Provide compensation in accordance with all local, state, and federal minimum wage laws. •Provide participants with the following services: o Pre-employment training. o Job coaching and job placement services. o Post-placement services. o Counseling services (referrals). •Indemnify the City of all and any potential liability stemming from any work or services provided to the City. Indemnification waivers (provided by the city) must be signed by all participants. TERM: The term for these services is from July 19, 2023 to June 30, 2024, with four (4) annual option years, culminating on June 30, 2028. HOMELESS ENCAMPMENT DISCLAIMER(S) The organization may reserve the right and sole discretion to decline to perform right-of-way maintenance services at a city-designated site if such site contains potentially hazardous materials, including but not limited to biohazardous materials, an active or recently active homeless encampment, and/or if any persons impacted by homelessness are near the site. Packet Pg. 160 EXHIBIT A Both parties agree that should litter and/or illegally dumped items be reasonably considered by CEO to be the personal property of homeless individuals, CEO will elect to not disturb said items and will notify the City. WORK TASK DEFINITIONS: 1. Litter Collection from Grounds. This includes the collection of all litter from the median or island grounds to include collection from grass turf, landscape beds, decorative rock beds, stamped pavement, pavers, or concrete surfaces. Litter shall include non-typical discarded items, such as syringes, used clothing/shoes and is not limited solely to paper-based wrappings or discarded food packaging. Syringes and biohazards should be appropriately separated and disposed of properly in accordance with applicable rules and regulations. 2. Palm Frond Collection. Collection of palm fronds on City ROWs, sidewalks, or other City- owned properties. Removal of fronds from storm drains/gutters and greenbelts. Support during and post-windstorm events is expected when tasks can be accomplished safely. 3. Scraping and Removal of Slap Stickers. Removal of minor slap stickers or other adhesive-based graffiti on City poles, utility boxes, fences, etc. This will likely require scraping and other methods to remove the stickers. Wipe down of any leftover residue is required. 4. Sweeping/Blowing. Sweeping/blowing of sidewalks, parking lots, curbs, walking trails and collection of left-over debris. Areas should be free of any dirt/silt once sweeping or blowing is complete. 5. Weed Abatement. Removal of weeds from City rows, landscaped areas, medians, City property, greenbelts, easements, alleys. This will require manual or powered-tool removal prior to spraying with chemicals (either by licensed City Staff or a licensed volunteer with appropriate Pesticide license). 6. Minor Graffiti Removal. Removal of graffiti (painted, marked) on City property to include intersection poles, utility boxes, fences, windows, pedestrian crossing signs, etc. This may be accomplished through non-toxic chemicals, pressure washing, or touch-up with matching paint. 7. Minor Touch-Up Painting. This may occur in City-owned buildings (exterior only), fences, walls, or other similar infrastructure requiring paint touch-up. The city will provide paint and paint supplies. 8. Raking of Landscaped Areas. All landscape beds (regardless of the volume of plants/shrubs) will be raked free of minor yard waste, clippings, litter, etc. All dead leaves or debris under plants/shrubs shall be raked away to create a clean appearance. Other non- typical areas may be requested. 9. Wipe-down/pressure-washing of City Owned Amenities. Proper wipe-down and pressure washing of City-owned amenities and hardscape elements (such as park benches, tables, trash cans, street light poles, signs, monuments, etc.) will be performed using non- abrasive methods that will not result in damages. All effort will be made to prevent any chipping of paint; alternative methods to safely clean hardscape elements are authorized. 10. Removal of Dead Plants/Minor Debris. At all applicable locations, dead plants and dead shrubs will be removed and properly disposed of. This may include plants from landscape Packet Pg. 161 EXHIBIT A beds, ROWs, City-owned lots. Replanting may be requested but this will occur with City staff present; plants to be provided by City staff. 11. Curb/Gutter Trash Collection. Trash and other debris on curbs, gutters, or storm drains will require careful collection as to not cause accidental deposit into storm drains. Sweeping with an industrial dustpan is the preferred method. 12. Minor Curb Painting. At the City’s request, minor curb painting to replace faded paint may be requested. This may include red (no parking) touch up along with other regulatory markings. This will be minor in nature and the city will provide all applicable materials and supplies. 13. Fence Touch Up. Minor fence repairs (reattaching broken wires, chain links) may be requested. Touch up of faded paint on chain links may also be requested along with removal of vines. 14. Brush Removal. At City-owned lots and other properties, removal of brush using manual or powered tool methods. Brush will be collected appropriately and, to the maximum extent possible, separated for proper green waste recycling. In some instances, removal of brush may require work on large vacant lots for fire hazard mitigation. 15. Minor Landscaping Upgrades. The city will provide all supplies and materials for minor landscaping upgrade projects. These projects may include restoration of small, landscaped areas, sitting areas, and other beautification efforts at street islands, greenbelts, and pocket parks. Packet Pg. 162 EXHIBIT B EXHIBIT B SCHEDULE OF SERVICES Work Reporting and Notification. The organization will be required to notify the City representative (via email) of the amount of crews available to perform work on a daily basis. Upon notification, the City representative will determine which work locations will be assigned. Variations to this process may occur when work tasks/locations are determined in advance by the City representative. If possible (and without creating an extra, undue, burden to the organization), before and after photos of work accomplished will be highly desirable for City staff. •General Daily Operations for Roving Illegal Dump Crew(s): Roving illegal dump crews will be assigned arterial streets to inspect (drive) and begin collection of litter and illegally dumped items. Should all assigned streets be completed before the end of day, the Crew Supervisor will contact the City representative (Streets Supervisor) and request additional tasks for the day. Throughout the workday, the Crew Supervisor may receive no-notice litter collection or illegally dumped items requests. Once he or she receives this call, he may make a judgement call as to collect the items immediately or wait until the last work hour of the day unless he receives specific instructions to collect the litter/items immediately. The intent is to not bounce crews all over town with individual requests (however, this may unfortunately happen on rare occasions). Other Assigned Tasks: As previously described, crews may be assigned minor landscaping tasks such as weed abatement, brush removal, vegetation removal, sediment removal from time to time. Though this is not the primary work task, it will be requested by the Streets Supervisor when the need arises. The City will make every effort to provide advance notice of these types of requests. Hours of Operation. All work will be performed Mondays to Fridays within the hours of 7 a.m. to nightfall unless otherwise exempted by the City representative. Work is not generally allowed during nighttime. The term “within” is meant to describe the range of hours for work and does not include work during the entire timeframe. In other words, a 7:30am to 2pm shift is acceptable or a 8:30am to 3:30pm shift is acceptable. A minimum of 6.5 work hours per day is expected (excluding lunch breaks). Requests from The Public. The organization is prohibited from taking direct requests from any residents, City staff (not affiliated with the Operations and Maintenance Division), or any other organizations while performing work for the City. The organization will make every effort to politely inform the requesting individual to contact San Bernardino’s Help Line. Any instance of work performed as a result of a direct request outside of this agreement may be cause for termination. Disposal. The city authorizes the organization to dispose of any debris, green waste, bulky items ONLY related to work tasks assigned by the city representative. All efforts will be made to separate green waste and properly dispose (recycle) it at the corresponding bin located in the city yard. •Bulky items (discarded furniture, etc.) collected during volunteer work shall be disposed of (recycled) at the City Yard. Such items cannot be collected and/or kept for personal use by the organization or its staff. Packet Pg. 163 EXHIBIT B •Syringes/needles will be appropriately disposed of using sharps containers (the city is able to provide these containers if needed). •Biohazards/fecal matter will be mitigated using proper procedures by trained/certified volunteer personnel or should be left behind with City staff being immediately notified of the location. City Yard Access. Access will be granted to the organization and staff for disposal of trash, debris, or any other collected items from daily work tasks. Generally, the City Yard is open from 6 a.m. to 4:30 p.m., however, badge access will be provided to the crew supervisors, managers, and/or team lead for access to the disposal areas of the yard should gates be locked. No more than 3 badges will be granted. Packet Pg. 164 EXHIBIT C EXHIBIT C COMPENSATION VENDOR QUOTE FORM VENDOR NAME: Center for Employment Opportunities, Inc. ADDRESS: 1777 Atlanta Avenue, Suite G-1, Riverside, CA 92507 PHONE: (909) 380-8822 The undersigned, hereby declare that they have carefully examined the location of the proposed work, familiarized themselves with the local conditions affecting the cost of the work, and have read and examined the terms and conditions for the following Project: RIGHT OF WAY CLEAN-UP SERVICES COST SHEET Crew Type Total Employees Annual Cost Roving Illegal Dump Crew #1 3 participants plus supervisor $186,750 Roving Illegal Dump Crew #2 3 participants plus supervisor $186,750 Roving Illegal Dump Crew #3 3 participants plus supervisor $186,750 Standard Crew #1 6 participants plus supervisor $454,090 TOTAL:$1,014,340 Optional Crews Facility Support Crew 4 participants plus supervisor $262,142 Graffiti Crew 2 participants plus supervisor $182, 275 OPTIONAL CREW TOTAL:$444,417 Packet Pg. 165 EXHIBIT C Optional Years ADDITIONAL YEARS NOTE: List as “same” if no projected annual increases are expected. YEAR 2 3 PARTICIPANT CREW:$_____ 6 PARTICIPANT CREW:$_____ OPTIONAL CREWS TOTAL: ________ TOTAL YEAR 2: SAME AS ABOVE YEAR 3 3 PARTICIPANT CREW:$_____ 6 PARTICIPANT CREW:$_____ OPTIONAL CREWS TOTAL: ________ TOTAL YEAR 3: SAME AS ABOVE YEAR 4 3 PARTICIPANT CREW:$_____ 6 PARTICIPANT CREW:$_____ OPTIONAL CREWS TOTAL: ________ TOTAL YEAR 4: SAME AS ABOVE YEAR 5 3 PARTICIPANT CREW:$_____ 6 PARTICIPANT CREW:$_____ OPTIONAL CREWS TOTAL: ________ TOTAL YEAR 5: SAME AS ABOVE *Please do not include option years totals in overall amount. All additional outyears are subject to renegotiation should labor market costs increase. Total Number of Additional Pages: 0 I hereby declare under penalty of perjury that the foregoing is true and correct. Submitted By: Title: (Authorized Representative Signature) Print Name: Contractor’s License Number and Classification: DIR Registration Number (if applicable): ____________________________ Packet Pg. 166 Resolution No. 2023-116 Resolution 2023-116 July 19, 2023 Page 1 of 3 2 7 8 1 RESOLUTION NO. 2023-116 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE AGENCY DIRECTOR OF ADMINISTRATIVE SERVICES TO AMEND THE FISCAL YEAR 2023/24 GAS TAX OPERATING BUDGET REVENUE AND EXPENDITURES BY $464,340 FOR RIGHT-OF-WAY CLEAN-UP SERVICES AND WEED ABATEMENT. WHEREAS, the City of San Bernardino values keeping City rights-of-way, City properties, vacant lots, free of illegal dumping, and weeds; and WHEREAS, the City is supportive of all efforts to properly maintaining, and keeping City infrastructure safe and clean; and WHEREAS, the City recognizes that keeping our right-of-way maintenance services and litter/illegal dumping collection services operating smoothly will promote safer communities and encourage economic investment. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. The Mayor and City Council adopt resolution No. 2023-096 authorizing the Agency Director of Administrative Services to amend the FY 2023/24 Gas Tax Operating Budget by the amount of $464,340; and SECTION 3. The Mayor and City Council authorize the Agency Director of Administrative Services to issue a purchase order not to exceed the amount of $1,014,340; and SECTION 4. The Mayor and City Council authorize the City Manager to execute a Maintenance Services Agreement with the Center for Employment Opportunities, (CEO), for City-wide right-of-way maintenance services, litter/illegal dumping collection, and weed abatement; and SECTION 5. The Mayor and City Council find 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. Packet Pg. 167 Resolution No. 2023-116 Resolution 2023-116 July 19, 2023 Page 2 of 3 2 7 8 1 SECTION 6. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. SECTION 7. Effective Date. This Resolution shall become effective immediately. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 19th day of July, 2023. Helen Tran, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney Packet Pg. 168 Resolution No. 2023-116 Resolution 2023-116 July 19, 2023 Page 3 of 3 2 7 8 1 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2023-116, adopted at the regular meeting held on the 19th day of July 2023 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ REYNOSO _____ _____ _______ _______ CALVIN _____ _____ _______ _______ ALEXANDER _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____ 2023. Genoveva Rocha, CMC, City Clerk Packet Pg. 169 Packet Pg. 170 Packet Pg. 171 Packet Pg. 172 Packet Pg. 173 Packet Pg. 174 Packet Pg. 175 Packet Pg. 176 Packet Pg. 177 Packet Pg. 178 Packet Pg. 179 Packet Pg. 180 Packet Pg. 181 Packet Pg. 182 Packet Pg. 183 Packet Pg. 184 Packet Pg. 185 Packet Pg. 186 Packet Pg. 187 Packet Pg. 188 Packet Pg. 189 Packet Pg. 190 Packet Pg. 191 Packet Pg. 192 Packet Pg. 193 Packet Pg. 194 Packet Pg. 195 Packet Pg. 196 Packet Pg. 197 Discussion As part of the FY 2018/19 budget, the Mayor and City Council approved additional funds to support increased right of way maintenance as well as funding for as-needed temporary labor support. Public Works staff saw this need and funding as a great opportunity to expand the currently successful trial CEO program. This amendment will increase the contract amount with CEO to $465,645 and extends the terms of the current agreement to June 30, 2019. With this increased budgeted amount, CEO will be able to provide two additional crews (for a total of three crews) to perform weed abatement, maintenance, and cleanliness services in the City’s landscaped areas, City-owned private properties, and rights of ways. Equally important, this amendment will allow CEO to have wider-coverage of the City with faster response times and will address City Council’s desire to expand the scope of the program. Under the current agreement, CEO has only been utilizing one crew to perform work activities throughout the City. CEO crews consist of at least five employees per crew with a dedicated on-site supervisor. The crews work five days per week (40 hours per employee) and receive direct assignments from Public Works (often on a daily basis but work assignments may be provided on a weekly basis for longer-term assignments). The City will continue issuing regular work assignments to the CEO team and has recently implemented a methodology to track all of CEO’s work activities via Public Work’s work order management system. CEO will continue to be responsible for payroll, insurance, in-the-field supervision, and management of their team. It’s important to note that CEO provides a unique service with very competitive rates at below-market cost. They utilize prevailing wages but subsidize 59% of the cost that the City would otherwise pay for similar services. In addition, they provide training to their crews at no cost to the City and provide personal protective equipment (PPE) and appropriate foot ware to their employees. 2018-2019 Goals and Objectives Augmenting City staff with CEO crews aligns with Goal No 4: Ensure Development of a Well-Planned, Balanced, and Sustainable City; Goal No 5: Improve City Government Operations; Goal No 6: Operate in a Fiscally Responsible and Businesslike Manner; and Goal No. 7: Pursue City Goals and Objectives by Working with Other Agencies. Fiscal Impact Funds are to be expended as follows: $465,645 for FY 18/19 (July 1, 2018 – June 30, 2019) Cost to the City is $465,645. Funding for this contract in FY18/19 is budgeted in account 126-400-0099-5502 ($370,859), 001-400-0037-5014 ($74,786), and ($20,000) from account 001-380-0072-5505. 8/9/2018 11:30 AM Packet Pg. 198 Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2018-230, authorizing and directing the City Manager to amend the Vendor Services Agreement with the Center for Employment Opportunities for weed abatement and landscape maintenance services. Not approving this action will result in a backlog of landscape maintenance service requests. Attachments Attachment 1 Resolution No. 2018-230; Amendment Number One to Landscape Maintenance Services Agreement Attachment 2 Resolution No. 2018-122; VSA (original) with CEO Synopsis of Previous Council Actions: May 2, 2018 – Resolution No. 2018-122 Authorizing an Agreement with the Center for Employment Opportunities March 11, 2016 - Resolution No. 2016-45 Authorizing an Agreement with the Center for Employment Opportunities 8/9/2018 11:30 AM Packet Pg. 199 1 4 9 7 CONSENT CALENDAR City of San Bernardino Request for Council Action Date:July 19, 2023 To:Honorable Mayor and City Council Members From:Charles E. McNeely, Interim City Manager; Mary Alvarez-Gomez, Grants Division Manager Department:City Manager's Office Subject:Co-Applicant for Round 5 Transformative Climate Communities Program Grant Funding (Ward 1, Ward 2) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Authorize the Interim City Manager, or designee, to submit an application as a co-applicant of the Housing Authority of San Bernardino County to the Round 5 Transformative Climate Communities Program for the Arrowhead Grove Redevelopment Project; and 2. Authorize the Interim City Manager, or designee, to enter into a partnership agreement as part of the application process detailing the collaborative stakeholder structure, and signing subsequent, necessary, and related documents to implement the agreement. Background The California Strategic Growth Council (SGC) released the notice of funding availability (NOFA) on March 8, 2023, for the Round 5 Transforming Climate Communities (TCC) Program with an application deadline of August 1, 2023. The grant funding opportunity allows for the three (3) application options for planning, project development, or implementation grants, depending on project readiness. The funding opportunity aims to address reduction of greenhouse gas (GHG) emissions through the development and implementation of neighborhood-level programs to improve air and water quality, improve natural resource protection, increase the availability of affordable housing, improve transportation, and encourage sustainable land use planning, and revitalize urban and community centers in a sustainable manner. Packet Pg. 200 1 4 9 7 The Housing Authority of San Bernardino County (HASBC) approached the City to partner as a co-applicant to the project development application for the Arrowhead Grove Redevelopment Project. The project development grant option is intended to bridge support for projects that are not quite shovel ready but have a defined, existing regional or local plan that benefits vulnerable communities. The application requirements call for a collaborative stakeholder structure based upon a shared vision. Based upon these elements, staff began to engage in planning meetings as potential partners. Discussion Recognizing that the City’s role and partnership is vital to the success of the redevelopment of the Arrowhead Grove site, staff has been engaged as a collaborative partner to identify and develop strategies to draft an application for the project development option to the TCC grant. With HASBC serving as the lead applicant, the partnership involves key stakeholders as co-applicants to address various elements required of the grant, including: •City of San Bernardino •Dignity Health/Common Spirit •El Sol Neighborhood Educational Center •Growing Hope Project •Loma Linda University •Making Hope Happen Foundation •Neighborhood Housing Services of the Inland Empire •OmniTrans •San Bernardino County Workforce Development Agency •San Bernardino Transportation Authority This grant opportunity can potentially earn up to $5M in funding to San Bernardino to carry out the project scope of work. The TCC grant maintains a list of transformative elements to address include, community engagement, displacement avoidance, climate adaptation and resiliency, and workforce development and economic opportunities, and data collection and indicator tracking. The pre-development work proposed in the application will address these elements through the Arrowhead Grove Redevelopment Project for the 93 units of mixed income and mixed-use residential development and a community resource center. The community resource center will serve the community with convenient access to health care, job training, and other supportive services. Connecting this site to the downtown area and other amenities such as parks, libraries and schools through the infrastructure surrounding the Arrowhead Grove site. This strategy addresses Greenhouse Gas (GHG) reduction through the development of housing and a multi-modal approach with a focus on public transportation, and improvements to accommodate pedestrian and bicycle traffic. 2021-2025 Strategic Targets and Goals The submittal of this application as a co-applicant for TCC grant funds aligns with Key Target Goal No. 3 Improved Quality of Life, by attempting to secure additional funds to Packet Pg. 201 1 4 9 7 increase affordable housing, improved transportation infrastructure and economic development through engagement, collaboration, and alignment with other partners and sectors of industry. Fiscal Impact There is no fiscal impact to the City’s General Fund. Conclusion It is recommended that the Mayor and City Council on behalf of the City of San Bernardino, California: 1. Authorize the Interim City Manager, or designee, to submit an application as a co-applicant of the Housing Authority of San Bernardino County to the Round 5 Transformative Climate Communities Program for the Arrowhead Grove Redevelopment Project; and 2. Authorize the Interim City Manager, or designee, to enter into a partnership agreement as part of the application process detailing the collaborative stakeholder structure, and signing subsequent, necessary, and related documents to implement the agreement. Attachments Attachment 1- Draft TCC Partnership Agreement Ward: First Ward; Second Ward Synopsis of Previous Council Actions: No previous action. Packet Pg. 202 1 DRAFT PARTNERSHIP AGREEMENT FOR THE COLLABORATIVE STAKEHOLDER STRUCTURE FOR ARROWHEAD GROVE INCLUSIVE REDEVELOPMENT PROJECT This Partnership Agreement for the Collaborative Stakeholder Structure for the Arrowhead Grove Inclusive Redevelopment Project (“Agreement”) is made and entered into this ___ day of July, 2023 (“Effective Date”), by and between the Housing Authority of the County of San Bernardino (“HACSB”) and, Dignity Health/Common Spirit, City of San Bernardino, Omnitrans, Loma Linda University, Making Hope Happen Foundation, Neighborhood Housing Services of the Inland Empire, and El Sol Neighborhood Educational Center (each a “Partner” and collectively the “Partners”). Together, the HACSB and Partners shall be referred to herein as Parties”. Although titled “Partnership Agreement,” this Agreement functions as a Memorandum of Understanding and is not intended to be legally binding. General Terms and Conditions 1. Background and Recitals A. This Partnership Agreement is entered into pursuant to requirements of the Transformative Climate Communities (TCC) Program and the Arrowhead Grove Inclusive Redevelopment Project (“Proposal”) and memorializes basic terms to govern the planning and implementation of the scope of work included in the Proposal. B. Through this Agreement, HACSB and the Partners commit to work together to implement the projects identified in the Proposal if funded by the TCC grant. The HACSB, as Lead Applicant and Partners as Co-Applicants have developed the projects included in the Proposal with the understanding of the TCC program requirements and are prepared to lead and participate for the term of the TCC grant. C. Through TCC, the California Strategic Growth Council (SGC) funds the development and implementation of neighborhood-level proposals with multiple, integrated projects and empowers communities to choose their own strategies for reducing greenhouse gas emissions and achieving community benefits. D. If awarded, HACSB will be the Grantee responsible for the grant from SGC ("TCC Grant") to fund a range of capacity building activities within the city of San Bernardino in the County of San Bernardino as depicted in the attachment. (Exhibit A, Project Area). E. TCC Partners are organizations eligible to participate in the program and fully support the objectives, goals, strategies, and projects identified within the submitted and ultimately approved by SGC ("TCC Grant Application"), and the HACSB and Partners agreed to be Co- Applicants for the TCC Grant Application. F. SGC requires this Agreement to set forth the agreed upon governance structure and terms of operation required to implement the Arrowhead Grove Inclusive Redevelopment Project including but not limited to, the expectations and responsibilities of the Parties, legal and financial terms, and community engagement and decision-making processes. G. Parties desire to enter into this Agreement in order to establish a collaborative stakeholder structure for matters pertaining to the TCC Grant and the implementation of the scope of work within the forenamed Project Area within the County of San Bernardino. Packet Pg. 203 2 H. Parties acknowledge and agree that other Partners may be added to this Agreement, decided through a democratic process amongst the Collaborative and in consultation with SGC. I. This Agreement is entered into pursuant to requirements of the TCC Program and the Arrowhead Grove Inclusive Redevelopment Project (“TCC Proposal”) and memorializes basic terms to govern the planning and implementation of the scope of work included in the TCC Proposal. 2. Roles and Responsibilities 2.1 Lead Applicant As the Lead Applicant, HACSB commits to all duties and responsibilities corresponding to the Lead Applicant role under the Arrowhead Grove Inclusive Redevelopment Project for the term of the TCC Grant. The HACSB is fully committed to the activities and deliverables of the TCC Proposal, the requirements of the TCC Grant, and the stipulations of this Agreement, and agrees to take all actions necessary to effectuate the requirements of the TCC Grant in accordance with the State of California requirements. As Lead Applicant, the HACSB responsibilities include but are not limited to: a. Commitment to Co-Applicants a. Commitment to plan and establish an implementation schedule b. Commitment to work collaboratively c. Leverage of available funds b. Roles and Responsibilities a. Coordinating all components of the TCC Proposal and processing the approval of the TCC Proposal through the California Strategic Growth Council as may be necessary or appropriate; b. Overseeing and coordinating the TCC Proposal project; c. Preparing and disbursing the TCC Grant funds to Co-Applicants either as reimbursement or advanced funds for eligible administration and services upon submission of full and complete disbursement requests or supporting documentation for advanced funds, subject to State review and approval; d. Submitting all invoices and associated summary reports, and annual reports to the TCC Program staff e. Participating in regular check-in meetings with TCC Program staff f.Providing HACSB staff support during the entirety of the grant term; and g. Achieving and monitoring goals and associated indicators as defined by the TCC Proposal and the TCC Grant Guidelines. c. Governance d. Build Equitable Policies e. Additional Lead Applicant Roles and Responsibilities In addition to serving as the Lead Applicant, the HACSB has and will continue to provide funding and administrative support associated with the redevelopment, financing, and construction of six single family home ownership units, a 93 unit mixed use, mixed income sustainable and walkable residential unit development, a 125 unit mixed use development, as well as two new Community Resource Center facilities, in which workforce development, health care, and other critical community services will be provided, These ongoing efforts include, but are not limited to, architectural, environmental, engineering, financing and construction related work as well as serving as the Project Manager responsible for Packet Pg. 204 3 managing various contractors, subcontractors, facilitating onsite and offsite improvements, and other related project management related activities needed to support the construction of all aforementioned projects, all of which are consistent with the Waterman + Baseline Specific Plan that was adopted by the San Bernardino City Council December 19, 2016. 2.2 Co-Applicants Co-Applicants are responsible for implementing specific strategies stipulated within the Collaborative’s work plan, and will have the staff capacity, expertise, and organizational/project management abilities to deliver on their commitments within the overall work plan. The following entities will serve as Partners on Arrowhead Grove Inclusive Redevelopment Project for the term of the TCC Grant. a.Dignity Health/Common Spirit Private health care provider who will work with other community partners to identify and develop specific health related services and programs and assist in provisions of housing, transportation alternatives aimed at reducing air pollution while improving overall community health. Dignity Health is a planned tenant for the Community Resource Center and will consider partial financing through the Community Investment Program application process for the housing developments that will occur as a part of the work plan. HACSB will be the lead in completing the Community Investment Program application and soliciting and raising all necessary financing for the Arrowhead Grove Inclusive Redevelopment Project. b.City of San Bernardino The City plays a vital role in developing the changes to the built environment surrounding around the Arrowhead Grove redevelopment project.reas contained in the Waterman + Baseline Specific Plan. The City will work with other stakeholders to identify alternative funding sources needed to complete the street improvement projects as designed as a part of our Strategy 3.1 work plan in partnership with them. As a participant in this collaborative, they will also work to develop infill incentives, new community based programs related to public safety, code enforcement, and other recommendations that may be identified through the Collaborative Stakeholder and/or community outreach process. c.OmniTrans Local Public Transportation provider responsible for providing fixed route, paratransit, and other alternative transportation services. OmniTrans has been working with our collaborative group to identify improvements to existing fixed route services associated with our target location as a part of our Strategy 3.2 work plan. In addition to this, their team is committed to performing ongoing evaluations and developing “first mile/last mile” alternatives to assist in the development and installation of various infrastructure related improvements along Waterman and Baseline needed to improve pedestrian and bicyclist safety and encourage members of the community to participate in active forms of transportation. d.San Bernardino County Transportation Authority (SBCTA) Packet Pg. 205 4 SBCTA will support transportation planning in association with the TCC project and will support efforts to identify leverage funding for transportation and transit-related elements of the proposal. e.Loma Linda University Health (LLUH) Loma Linda University Health will conduct ongoing research associated with the impacts of our projects as it relates to the improved quality of life for the surrounding community. They will play a key role in our transformative elements strategy as it relates to data tracking and reporting of ongoing success as it relates to the planned efforts associated with our work plan. Their research work will be an ongoing coordination effort with partners in various shared priority areas such as workforce training as it relates to job placement associated with projects generated via this funding, measurable quality of life impacts as is associated with our various sustainability related projects, the impact that our urban greening strategy has on addressing food deserts and food insecurity, as well as tracking the outcomes of the coordinated efforts between partner hospitals and non- profit healthcare providers to partner with and employ community health workers to support high utilizers of the health care services. f.Making Hope Happen Foundation Making Hope Happen Foundation has been an active member of various economic development and community planning efforts associated with both the target site as well as the city of San Bernardino through its numerous programs and collective impact network called Uplift San Bernardino. Their team served as the lead applicant for a successful grant from the California Accountable Communities for Health Initiative (CACHI) which funds the creation of a cross-sector, multidisciplinary collaborative stakeholder group which is composed of many of the co-applicants listed in this grant application. Their team will utilize this stakeholder group and the ongoing meetings associated with it to oversee the Community Engagement and Outreach segment of this Project. This stakeholder group also includes current residents and organizations in the neighborhood which are engaged on a monthly basis to advise the team on their wishes as it relates to the ongoing development plans for our target site. In monthly design charrettes associated with the ongoing development of the target site to date, residents stated that they were interested in new housing, recreational, health services, increasing access to healthy food choices, additional green space, and other initiatives that are needed to address the variety of socioeconomic challenges that continue to plague their community. MHHF will work in partnership with Uplift San Bernardino Data & Research Team will commission a post pandemic residential and commercial market analysis and make recommendations regarding updates/revisions to the Waterman + Baseline Specific Plan. g.El Sol Neighborhood Educational Center El Sol Neighborhood Educational Center (El Sol) is a community health non-profit that has served vulnerable communities in the Inland Empire, California since 1991, with an emphasis on mono-lingual Spanish speakers, immigrants, and residents with limited- english proficiency. El Sol will be responsible for deploying highly trained lay workers as community health workers (CHWs) or “promotores de salud”. El Sol Neighborhood Education Center will collaborate with other Dignity Health and other local health care providers to develop and expand services ranging from improved prenatal care, Packet Pg. 206 5 reduction in child abuse prevention, enhanced social support, strengthening referral systems, improving self-esteem, and psychological functioning. h.Neighborhood Housing Services of the Inland Empire (NHSIE) NHSIE is dedicated to creating homeownership opportunities, bridging the housing affordability gap, and building sustainable communities of choice – one person, one home, and one neighborhood at a time. NHSIE will partner with HACSB, the City and other community stakeholders in developing the Arrowhead housing project as well as assist community members in addressing issues that serve as barriers to home ownership as well as other incentives, policies, or programs that can be used to fund home improvements as well as the burdening cost of housing. i.San Bernardino County Workforce Development Agency ADD ROLE DESCRIPTION HERE. j.The Growing Hope Project ADD ROLE DESCRIPTION HERE. 2.3 Proposal Overview The proposed project area (District Three/Midtown Core) is consistent with the goals and strategies contained in the Waterman + Baseline Specific Plan (the Plan), that establishes a land use and development framework, identifies transportation and infrastructure improvements, and serves as a marketing tool for attracting developers to key sites and for boosting economic development in Central San Bernardino. The Plan reflects the hopes and dreams of residents, neighbors, local businesses, and Leadership Committee partners who participated in numerous public events, interviews and planning sessions that provided a pathway for continued investment in the neighborhoods centered around the intersection of Waterman Avenue and Baseline Street. The proposed projects would collectively advance the inclusive redevelopment of Arrowhead Grove and integrate mixed use mixed income housing with managed care, workforce development and other vital services and resources via a planned Community Resource Center. Other aspects of the project would include future mixed-use development, locating jobs and housing within proximity and improving the built environment in order to encourage walking or cycling. TCC COLLABORATIVE STAKEHOLDER STRUCTURE 2.3.1 General a. Structure. The Collaborative Stakeholder Structure (CSS) will facilitate Stakeholder participation in the implementation of the TCC Proposal and includes the Lead Applicant, Partners, Outreach & Oversight Committee, and local community stakeholders. The roles and responsibilities of each of these parties are outlined previously in Section 2.2, Co- Applicants and further detailed in Exhibit B. b. Lead Applicant. HACSB, as the Lead Applicant, is tasked with the responsibility of implementing the Grant Agreement with the Strategic Growth Council which includes compiling and submitting all invoices and reporting documents; monitoring transformative requirements, implementing the transformative plans which include community engagement, workforce development and displacement avoidance; serving as the primary fiscal agent; Packet Pg. 207 6 ensuring a fair, transparent, accountable, and participatory implementation process; and ensuring continuation of the public participation process structure of the CSS, including public meetings, public website, channels for receiving public comment via email, phone and in person. c.Partners. Partners shall be responsible for implementation of the transformative requirements and Project delivery, as well as evaluation and reporting for individual Projects. I. Ensure delivery of Projects in accordance with Program Guidelines and Grant Agreement. II. Monitoring Transformative Requirements and indicator tracking and reporting. III. Providing Project-related information and data to the Third-Party Evaluator to identify additional indicators for tracking and monitoring based on selected Project types. d.Outreach and Oversight Committees. The development team will build from the existing, ongoing community organizing work that is currently being done by the Making Hope Happen Foundation via their “Uplift San Bernardino” initiative. This group has several subcommittees which will serve as the “outreach” component of our community engagement efforts. The oversight committee for the TCC Grant implementation will consist of the existing stakeholder group that is working on the CACHI grant, which was awarded to the Making Hope Happen Foundation in late May 2023. The CACHI stakeholder group already includes the partners that are co-applicants for this TCC Grant, While the Uplift San Bernardino subcommittees will serve as an advisory committee that shall be a resource for community collaboration and feedback, the CACHI grant advisory committee will provide overall guidance on implementation of the chosen strategies and the transformative plans, and material changes to the Projects including major budget or programmatic changes. I. The community outreach efforts will be overseen by the Uplift San Bernardino subcommittees while the project oversight will be done by the CACHI grant advisory committee. The CACHI Grant advisory committee is currently composed of representatives from Loma Linda University, Dignity Health, the Making Hope Happen Foundation, El Sol Neighborhood Educational Center, and the Housing Authority of San Bernardino. This stakeholder group represents varied and diverse community members from the non-profit sector, the public sector, education and the community. This team was awarded this grant on behalf of this project to ensure that it meets the needs of the community from a health equity and housing affordability perspective. The CACHI grant mandates community involvement in all major policy, development, and fiscal decisions, making it well suited to serve as the conduit for oversight of the transformative elements associated with the TCC grant implementation. II. We will have a formal process in place for introducing new organizations and individuals to the CACHI grant advisory committee. This process will give priority in terms of selecting individuals that live, work, or own property in the City of San Bernardino, and preferably near the Arrowhead Grove Project Area as depicted in Exhibit A. Preference will also be given to organizations or individuals that actively participated in the creation of the Waterman + Baseline Specific Plan. Members will be required to disclose any financial interests in Projects or Partner agencies through a conflict of interest disclosure substantially similar to the form set forth in Exhibit C. Member vacancies will be filled through nominations Packet Pg. 208 7 submitted to the Making Hope Happen Foundation and the Housing Authority of San Bernardino via a publicly advertised process including but not limited to posting on the Uplift San Bernardino website, flyers at community events and through communications efforts by the Uplift San Bernardino subcommittees and CACHI grant advisory committee. Nominations will be reviewed by representatives from these committees including community stakeholders and locally active nonprofits to ensure that community area residents, community- based groups, religious institutions, advocates, business owners, and community development corporations are all well represented on the advisory committee. Nominations will be voted on by existing members based on a majority vote. III. Members will serve a two-year term but are eligible for reelection in accordance with the nomination and appointment process. 2.3.2 COMMUNITY OUTREACH. HACSB will delegate responsibility for leading community outreach activities to the Making Hope Happen Foundation, which shall be responsible for organizing all committee meetings in coordination with the various committee members and Partners and according to the Community Engagement Plan of the Arrowhead Grove Inclusive Redevelopment project. Communications a. The Making Hope Happen Foundation shall maintain a publicly accessible website with regular updates and information about both the overall grant program and all individual projects. The website shall include a section which provides the public with the opportunity to submit feedback or request information through an online contact form. All requests received by the Making Hope Happen Foundation via the website online contact form will be responded to within 48 hours. b. The Making Hope Happen Foundation shall maintain a dedicated phone number and email address. All requests received via the phone number and email address will be responded to within 48 hours. c. The Making Hope Happen Foundation will establish a list of media outlets and contacts, and public places in consultation with the Outreach & Oversight Committee for distribution of materials and information for the public. Meetings a. Outreach & Oversight Committee Meetings: Both the Outreach and the Oversight Committee meetings will have a meeting schedule that includes open sessions on a quarterly basis that will be open to the public, held in ADA accessible locations in the project area and at times which are convenient to the public. Members of both committees and partners will facilitate and are required to attend all quarterly meetings. The Quarterly meetings are a forum for community members and Stakeholders to receive verbal and written progress reports on implementation, project updates, and discuss questions, concerns, suggestions, and comments about the TCC program. b. Input from community members received in writing at the Quarterly meeting will be evaluated through the Outreach & Oversight Committee and reported back via the monthly newsletter and publicly accessible website. Packet Pg. 209 8 c. The Making Hope Happen Foundation shall post agendas and meeting information on its publicly accessible website at least seventy-two hours before the convening of any public meeting and provide paper copies for attendees. d. Meeting minutes for quarterly meetings shall be made accessible for public review within 10 business days of meeting date. i.Videos of each quarterly meeting shall be recorded and posted on the publicly accessible website within 10 business days of meeting date. ii.Sign-in sheets will be created for all quarterly meetings and made accessible for public review within 10 business days of meeting date. iii.Services of an interpreter and additional accommodations such as assistive listening devices can be made available for public meetings. Requests for accommodations should be made more than five working days but no later than 48 hours prior to the scheduled meeting/event by contacting the Making Hope Happen Foundation. 2.3.3 DECISION-MAKING PROCESS AND PROCESS FOR INVOLVING COMMUNITY REPRESENTATIVES IN DECISION MAKING The Uplift San Bernardino subcommittee groups as well as the CACHI grant oversight committee shall collaborate and facilitate community input, including specified community groups during the administration of the Grant Program. The community shall have a permanent and ongoing opportunity to provide feedback to the development team via these dual committee structures. These committees will provide overall guidance on implementation and the transformative plans but specifically on material changes to the Projects including material budget or programmatic changes. The Lead Applicant and all impacted Partners will consider in good faith the recommendations from these committees. It is the goal, but not a requirement, of the process to have many recommendations or advisory statements to be supported by the majority of the committee members. 2.3.4 ADHERENCE TO REQUIREMENTS Changes, additions, alterations and all other material changes to the Collaborative Stakeholder Structure, Waterman + Baseline Project, and TCC Funding activities will be processed in accordance with the terms of the TCC Program Guidelines and Master Grant Agreement. 2.3.5 DISPUTE RESOLUTION Disputes which arise out of the implementation of the projects will be facilitated by the Lead Applicant in consultation with the Outreach & Oversight Committees. Any material changes resulting from the disputes will be processed in accordance with TCC Program Guidelines and Master Grant Agreement. Packet Pg. 210 9 2.3.6 NONDISCRIMINATION. To the extent required by controlling federal, state and local law, the Lead Applicant, Partners, and Outreach & Oversight Committees (Parties) shall not employ discriminatory practices in the provision of services, employment of personnel, or in any other respect on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era. Subject to the foregoing and during the performance of this Agreement, the Consultant agrees as follows: a.The Parties will comply with all applicable laws and regulations providing that no person shall, on the grounds of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era be excluded from participation in, be denied the benefits of, or be subject to discrimination under any program or activity made possible by or resulting from this Agreement. b.The Parties will not discriminate against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era. The Parties shall ensure that applicants are employed, and the employees are treated during employment, without regard to their race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era. Such requirement shall apply to the Parties’ employment practices including, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Parties agree to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provision of this nondiscrimination clause. 3. Legal and Financial Considerations The HACSB will maintain legal, fiscal and fiduciary responsibilities, including managing grant funds in accordance with SGC regulations, policies and guidelines. The HACSB is responsible for the development and submission of all reports to TCC Program staff and additional funding agencies, bookkeeping, accounting, and grant compliance services. 3.1 Legal Relationship 3.1.1 TERM; TIME OF COMPLETION The Parties shall commence work under this Agreement upon the Effective Date or such later time this Agreement is executed by all Parties, and this Agreement shall continue in full force and effect until completion of the services hereunder, which shall be no later than December 31st, 2029, unless for any reason funds appropriated for the provision of these services are no longer available, or until such time as terminated per the terms of this Agreement. Packet Pg. 211 10 3.1.2 NO CONFLICTS The Parties acknowledge that the other Parties to this Agreement have other business and personal interests, separate and apart from the services contemplated by this Agreement, and nothing in this Agreement is intended to preclude any Party from devoting time and attention to such business and personal interests. Each Party further acknowledges that the other Parties to this Agreement have the right to accept other engagements as long as said engagements do not represent a conflict of interest with respect to the services or the obligations of each Party to the other Parties pursuant to this Agreement. In connection with each Party’s performance of the services hereunder, each Party represents that there exists no actual, potential or appearance of conflict arising out of that Party’s business and financial interests. 3.1.3 LIMIT OF ENGAGEMENT This Agreement does not and shall not be construed to create any partnership or agency whatsoever. No Party shall be deemed to be a partner, joint venture, agent or legal representative of any other Party to this Agreement for any purpose, nor shall any Party have any authority or power to act for, or to undertake any obligation or responsibility on behalf of, any other Party or corporations affiliated with such other Parties, other than as expressly herein provided. The Parties enter into this Agreement on an independent contractor basis and no Party shall be deemed to be an employee of any other Party. Any additional personnel performing services under this Agreement on behalf of a Party shall not be employees of any other Party to this Agreement and shall at all times be under that Party’s exclusive direction and control. 3.1.4 RIGHTS AND REMEDIES FOR DEFAULT. In the event any work product delivered or services provided by any Party in the performance of the services under this Agreement should fail to conform to the requirements herein (“default”), HACSB may reject the same, and it shall become the duty of such Party providing the service to correct the performance of services, without expense to HACSB, and immediately replace all such rejected work product with others conforming to the Agreement. In such an event, HACSB may terminate this Agreement against any Party in default if, following twenty (20) day prior written notice to cure such non-conformance, the Party receiving such notice fails to fully and adequately correct such non-conformance. Following such cure period, the defaulting party shall be in breach of this Agreement. a. In the event of the termination of the Agreement, either in whole or in part, by reason of default or breach by a Party, any loss or damage sustained by HACSB in procuring any work product or services which such Party agreed to provide shall be borne and paid for by such Party. c. HACSB reserves the right to offset the reasonable cost of all damages caused to HACSB against any outstanding invoices or amounts owed to such Party or to make a claim against such Party therefore. 3.1.5 TERMINATION In addition to the rights of HACSB to terminate this Agreement pursuant to Section 3.1.4 above, HACSB may terminate this Agreement as to any Party if such Party should file a bankruptcy petition and/or be adjudged a bankrupt, or if such Party should make a general assignment for the benefit of creditors, or if a receiver should be appointed on account of insolvency. HACSB may serve written notice upon such Party of its intention to terminate the Agreement. The notice shall contain the reasons for such intention to terminate the Packet Pg. 212 11 Agreement and, unless within ten (10) days after serving such notice such violation shall cease and satisfactory arrangements for correction thereof be made, upon the expiration of the ten (10) days the Agreement shall cease and terminate. In the event of any such termination, HACSB shall serve written notice of termination upon such Party. 3.1.6 MUTUAL INDEMNITY No Party, including its officers, employees, contractors or agents (collectively, “Indemnitees”), shall be responsible for any damage or liability occurring by reason of any acts or omissions on the part of any other Party to this Agreement under or in connection with any work, authority or jurisdiction delegated to or determined to be the responsibility of such other Party. It is also understood and agreed that each Party shall fully indemnify, defend and hold the Indemnitees harmless from any liability imposed for injury or damages occurring by reason of any acts or omissions on the part of such Party under or in connection with any work, authority or jurisdiction delegated to or determined to be the responsibility of that Party under this Agreement. 3.1.7 NO WAIVER No waiver by the parties hereto of any default or breach of any term, condition or covenant of this Agreement shall be deemed to be a waiver of any subsequent default or breach of the same or any other term, condition or covenant contained herein. 3.1.8 MODIFICATION This written Agreement may not be later modified except by a further writing signed by the Parties and no term of this Agreement may be waived, except by writing signed by the party waiving the benefit of such term. No oral understanding or agreement not incorporated in this Agreement is binding on any of the parties. 3.2 Financial Relationship 3.2.1 BOOKS OF ACCOUNT AND RECORD Each Party shall maintain full and complete books and records with all receipts and expenditures resulting from the services under this Agreement. Such books of account and records shall be the property of HACSB and shall at all times during regular business hours be open to the inspection by HACSB or any of its duly authorized agents at each Party’s office. Each Party shall furnish to HACSB monthly: an operating report, cash flow report, and general ledger and disbursement register on a cash basis related to the grant compliance services; such statements to be furnished on or before the 15th day of each calendar month for the preceding calendar month. The HACSB and each Co-Applicant shall have equal standing and collective accountability for implementing grant program requirements within the Collaborative Stakeholder Structure. The HACSB does not assume liability for any third-party claims for damages arising out of this Agreement and each Co-Applicant does not assume liability to SGC for damages arising out of this Agreement. 4. Equal Opportunity The HACSB and Co-Applicants are committed to equal employment opportunity and to ensuring that all employees have a work environment that is free of conduct that could be considered discriminatory or harassing based on an employee’s protected status. The HACSB and Co- Applicants will not allow anyone, including any supervisor, co-worker, vendor, client, or Packet Pg. 213 12 customer, to unlawfully harass or discriminate against employees or applicants for employment. The HACSB will take prompt and effective remedial action upon discovery of such conduct. 5. Miscellaneous Provisions This Agreement may be revised during Post-Award Consultation or upon written agreement of the parties to comply with all administrative, statutory, and TCC Program requirements. This Agreement creates no right, benefit, or trust responsibility, substantive or procedural, enforceable at law or equity. The parties shall manage their respective resources and activities in a separate, coordinated, and mutually beneficial manner to meet the purposes of this Agreement. IN WITNESS, WHEREOF, the parties hereto have executed this Agreement on July __, 2023. Lead Applicant Packet Pg. 214 13 Housing Authority of the County of San Bernardino, Maria Razo, Executive Director Co-Applicant 1 City of San Bernardino, Charles McNeely, City Manager Co-Applicant 2 County Workforce Development Agency, Co-Applicant 3 The Growing Hope Project, Co-Applicant 4 Dignity Health, name of authorized signatory and their role in the co-applicant's organization.] Co-Applicant 5 Making Hope Happen Foundation, Niki Dettman, President/CEO Co-Applicant 6 Neighborhood Housing Services of the Inland Empire, Kailin Scott, Executive Director Co-Applicant 7 El Sol Neighborhood Educational Center, name of authorized signatory and their role Co-Applicant 8 Packet Pg. 215 14 Attachments: Exhibit A: PROJECT AREA Exhibit B: LIST OF PARTNERS Exhibit C DISCLOSURE and ACKNOWLEDGEMENT – CONFLICT OF INTEREST FORM Packet Pg. 216 15 Exhibit A Project Area Packet Pg. 217 16 EXHIBIT B LIST OF PARTNERS Project # Project Name Agency 1 Arrowhead Mixed Use/Mixed Income Residential Project HACSB 2 Community Resource Center HACSB 3 Energy savings and GHG reductions in Midtown/District 3 4 Solar Renewable Energy Projects at Arrowhead and Community Resource Center HACSB 5 Support local farmers and healthy eating by allowing farm stand/markets Dignity Health/ LLUH 6 Identify sites for community gardens and pocket parks Making Hope Happen 7 Explore the possibility of opening the parking lot at Waterman Discount Mall for farmer’s markets, etc. Property Owner / City of San Bernardino 8 Community based activities in large parking areas by Stater Brothers and the Discount Mall will be encouraged. 9 Establish community branding and implement place-making initiatives 10 Partner with local organizations to create mobile services such as libraries to serve students and residents Making Hope Happen 11 Provide key infrastructure to facilitate bicycles and walking as a safe form of transport City of San Bernardino 12 Develop joint use recreational facilities for students and residents City of San Bernardino / SBCUSD 13 Allow for temporary retail facilities to encourage resident entrepreneurship and activate empty parking lots City of San Bernardino 14 Design a public gathering space to host community events HACSB 15 Create a linear park to connect Midtown District to all adjacent districts City of San Bernardino 16 Improvements to support pedestrian safety such as restriping crosswalks, planting street trees, and new or additional lighting and crosswalks City of San Bernardino 17 Improve passenger amenities, digital information, level and/or frequency of fixed route services Omnitrans 18 Update commercial and residential market analysis post pandemic Making Hope Happen Foundation 19 Create a Development Incentive Program City of San Bernardino 20 Address health, safety, and accessibility issues and enhance neighborhood curb appeal NHSIE 21 Improve trash collection, cleanup of illegal dumping and graffiti abatement City of San Bernardino 22 Workforce development/job training in renewable energy, healthcare, and transportation El Sol Neighborhood Educational Center/ Making Hope Happen Foundation/Loma Linda University Health Commented [1]: Should this item include other transportation partners Packet Pg. 218 17 EXHIBIT C DISCLOSURE AND ACKNOWLEDGEMENT – CONFLICT OF INTEREST ARROWHEAD GROVE INCLUSIVE REDEVELOPMENT PROJECT OUTREACH & OVERSIGHT COMMITTEE MEMBER YES* NO 1 Are you currently in litigation with the City of San Bernardino or any of its agents? 2 Do you represent any firm, organization or person who is in litigation with the City of San Bernardino? 3 Do you currently represent or perform work for any clients who do business with the City of San Bernardino? 4 Are you or any of your principals, managers or professionals, owners or investors in a business which does business with the City of San Bernardino, or in a business which is in litigation with the City of San Bernardino? 5 Are you or any of your principals, managers or professionals, related by blood or marriage to any City of San Bernardino employee who has any significant role in the subject matter of this service? 6 Do you or any of your subcontractors have, or expect to have, any interest, direct or indirect, in any other contract in connection with this Project? * If the answer to any question is yes, please explain in full below. Signature _ (name) date (address) (city, state, zip code Additional page(s) attached. Packet Pg. 219 18 Acknowledgement The Housing Authority of San Bernardino County conforms to the Political Reform Act’s standards in determining whether a public official has a financial conflict of interest that is reasonably foreseeable and material. In the event of a conflict of interest, public officials will typically need to disqualify themselves from the decision. There are five types of financial interests as set forth below. • Business Entity: A Member has a financial interest in a business entity where the Member, his spouse, or dependent children have invested $2,000 or more. A Member also has a financial interest in a business entity for which the Member is a director, officer, partner, trustee, employee, or holds any position of management. • Real Property: A Member has a financial interest in real property in which the Member, his spouse, dependent children, or an agent has invested $2,000 or more. This may also include certain leasehold interests of terms more than a month. Conflict of interest rules regarding real property are broken into two categories: o Property within 500 feet of decision: A Member may not participate in the decision unless they have received written advice from the FPPC that the decision will have no measurable impact on the value of the Member’s property. o Property outside 500 feet of decision: A Member must consider whether the decision “would cause a reasonably prudent person, using due care and consideration under the circumstances, to believe that the governmental decision was of such a nature that its reasonably foreseeable effect would influence the market value of the Member’s property.” • Sources of Income: A Member has a financial interest in anyone, whether an individual or an organization, from whom the Member has received (or been promised) $500 or more income within 12 months prior to the decision. A “source of income” includes a community interest in the spouse’s income. • Gifts: A Member has a financial interest in anyone, whether an individual or an organization, who has given gifts to the Member that total $470 or more within 12 months prior to the decision. A “gift” is defined as any payment or other benefit that confers a personal benefit for which a public Member does not provide payment or services of equal or greater value. A gift includes a rebate or discount on the price of anything of value unless the rebate or discount is made in the regular course of business to members of the public. • Personal Finances: A Member has a financial interest in decisions that affect the Member’s personal expenses, income, assets, or liabilities, as well as those of the Member’s immediate family. Packet Pg. 220 19 I acknowledge that I have read and understand the above relating to typical financial interest in regard to a project, activity, entity, relationship or any other Transformative Climate Communities (TCC) program grant funded component. Do you have a financial conflict of interest? Circle one. Yes No If you answered yes, please explain in full below. Signature Date Name Packet Pg. 221 1 1 6 7 CONSENT CALENDAR City of San Bernardino Request for Council Action Date:July 19, 2023 To:Honorable Mayor and City Council Members From:Charles E. McNeely, Interim City Manager; Marr Christian, Code Enforcement Division Manager Department:Community, Housing, & Economic Development (CED) Subject:Approve the Purchase of Handheld Transceiver Radios from Motorola Solutions for Code Enforcement Officers (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Authorize the City Manager to approve a Goods Purchasing Agreement with Motorola Solutions, Inc.; and 2. Authorize the Agency Director of Administrative Services to issue a purchase order in the amount of $130,164.29 for Handheld Transceiver Radios for Code Enforcement Officers. Background On September 11, 2012, during the San Bernardino County Board of Supervisors’ meeting, the board took action (Attachment 2 – San Bernardino County Board of Supervisors Agenda Item 30) which standardized Motorola Solutions as the radio equipment and services to be utilized on the County’s Public Safety Communication radio system. For all radio communication, the City utilizes San Bernardino County’s Public Safety Communication system and its radio frequencies across the entire organization and must adhere to the equipment and service standard of the County. On December 7, 2022, as part of the FY 2022/23 First Quarter Update, the Mayor and City Council approved staff’s request for $80,000 to purchase new handheld Packet Pg. 222 1 1 6 7 transceiver radios for the Code Enforcement Division. At that time, the Code Enforcement Division only needed approximately 8-10 radios. Discussion Communication is essential to officer safety. As the Code Enforcement Division grows in number and their responsibilities become more dynamic, the need to maintain reliable and effective communication with field staff is growing. Code Enforcement was in the process of obtaining a quote to purchase 8-10 new radios when the Division was informed that all the radio communication equipment (handheld radio transceivers) currently being used by Code Enforcement Officers have been requested to be returned to the Police Department by the end of Fiscal Year 22/23. The Police Department had loaned the equipment to Code Enforcement, but now requires the radios for their own department needs. Code Enforcement needs 20 new radios and has submitted a new quote for purchase (Attachment 1). The original $80,000 that was approved by Mayor and City Council during the FY 22/23 Quarter 1 update was to purchase 8-10 handheld radio transceivers. With the Code Enforcement Division returning their current radio equipment to the Police Department, the Division now needs a total of 20 handheld radio transceivers. Because the radios are a top priority for Code Enforcement, the division has reallocated funds within its existing budget to cover the additional cost of the equipment. To ensure that the equipment functions appropriately and communications are open between the Police, Code Enforcement, and the County, if necessary, staff recommends adhering to the County’s standards, which requires working directly with Motorola Solutions, Inc., the manufacturer of the requested equipment, and the standard for San Bernardino County, and the only radio equipment allowed and usable on its system. A single source justification form is attached (Attachment 3) and was approved by the Purchasing Division. Motorola Solutions was identified as a single source vendor because of San Bernardino County’s requirements. Please note that the use of the County’s Safety Communication Network is a negotiated monthly service that is separate from this purchase. The table below shows the available funding. Code Enforcement available budget $51,000.00 FY 22/23 Quarter 1 approved appropriation $80,000.00 Total Available: $131,000.00 Motorola Solutions, Inc. Quote $130,164.29 2021-2025 Strategic Targets and Goals Packet Pg. 223 1 1 6 7 The request for a purchase order with Motorola Solutions aligns with Strategic Target No. 2: Focused, Aligned Leadership and Unified Community. Specifically, Goal 2b: Evaluate operations and performance, investment in technology, and tools to continually improve organizational efficiency and effectives. Purchasing new communications equipment will improve communication between staff, organizational efficiency, effectiveness, and keep compatibility with San Bernardino County’s Safety Communication System. Fiscal Impact There is no fiscal impact associated with this action. Sufficient funds exist within the Code Enforcement budget to purchase the requested radio equipment. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Authorize the City Manager to approve a Goods Purchasing Agreement with Motorola Solutions, Inc.; and 2. Authorize the Agency Director of Administrative Services to issue a purchase order in the amount of $130,164.29 for Handheld Transceiver Radios for Code Enforcement Officers. Attachments Attachment 1 Goods Purchasing Agreement with Motorola Services, Inc. Attachment 2 09/11/2012 San Bernardino County Board of Supervisors Regular Meeting (Agenda # 30) Attachment 3 Purchasing Approved SSJ Motorola Solutions, Inc. Ward: All Wards Synopsis of Previous Council Actions: December 7, 2022 Mayor and City Council approved the purchase of 8-10 Motorola Handheld Transceiver Radios for $80,000. Packet Pg. 224 -1- CITY OF SAN BERNARDINO PIGGYBACK AGREEMENT FOR PURCHASE OF RADIO EQUIPMENT This Piggyback Agreement for Purchase of Radio Equipment (“Agreement”) is entered into as of the 21st day of June, 2023 by and between the City of San Bernardino, a charter city and municipal (“City”) and Motorola Solutions, Inc., a Delaware Corporation (“Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement RECITALS WHEREAS, the City of San Diego, acting as the agent for various other public agencies has solicited proposals for radio communications equipment and conducted discussions with the Contractor concerning its proposal and, where applicable, in accordance with the competitive procurement procedures of the City of San Diego; and WHEREAS, on December 17, 2021, the City of San Diego and Contractor entered into that certain contract, Contract Resulting From Request For Proposal Number 10089713-21-K, Radio Communication, Emergency Response And Mobile Interoperability Equipment And Supporting Services, dated December 17, 2021, Contract No. C1837, (the “CSD Contract”); and WHEREAS, Article V, “Contract Documents”, Section 5.5, “Public Agencies” of the CSD Contract allows other public agencies, as defined by California Government Code Section 6500, to use the terms of the CSD Contract to purchase communications and related equipment and services from Contractor pursuant to certain terms contained therein; and WHEREAS, pursuant to the City’s purchasing ordinance, the City is authorized to utilize cooperative bidding/piggyback contracting to utilize contracts awarded by other public agencies when it is in the City’s best interest to do so; and WHEREAS, the City desires to piggyback on the CSD Contract entered into between the City of San Diego and Contractor and procure radio equipment on the same terms and conditions set forth therein pursuant to this Agreement. NOW, THEREFORE, in consideration of their mutual promises, obligations and covenants hereinafter contained, the parties hereto agree as follows: 1. Recitals. The foregoing recitals are true and correct and are a part of this Agreement. 2. Exhibits. The exhibits listed below are incorporated into and made a part of this Agreement. In interpreting this Agreement and resolving any ambiguities, the main body of this Agreement takes precedence over the exhibits and any inconsistency between the exhibits will be resolved in their listed order. Exhibit A City of San Diego Contract No. C1837, dated December 17, 2021 Note: The contract in Exhibit A between Motorola and City of San Diego is a result of Request for Proposal (RFP) No. 10089713-21-K, Radio Communication, Emergency Response and Mobile Interoperability Equipment and Supporting Services. Packet Pg. 225 Exhibit B Motorola Quote-2017418 3. Definitions. All definitions contained in the CSD Contract shall apply herein. 4. Scope of Work. Contractor will provide, install (if applicable) and test the radio communication equipment, and perform its other contractual responsibilities to provide the Solution, all in accordance with this Agreement, Exhibit “A” - City of San Diego Contract No. C1837, and Exhibit B - Motorola Quote-2017418. City will perform its contractual responsibilities in accordance with this Agreement 5. Contract Price. The Contract Price in U.S. Dollars is described in Exhibit B - Motorola Quote-2017418. 6. General. 6.1 Terms and Conditions of the CSD Contract. All other terms and conditions of the CSD Contract remain in full force and effect. 6.2 Entire Agreement. This Agreement, including all Exhibits, constitutes the entire agreement of the Parties regarding the subject matter of the Agreement and supersedes all previous agreements, proposals, and understandings, whether written or oral, relating to this subject matter. This Agreement may be executed in multiple counterparts, and shall have the same legal force and effect as if the Parties had executed it as a single document. The Parties may sign in writing, or by electronic signature, including by email. An electronic signature, or a facsimile copy or computer image, such as a PDF or tiff image, of a signature, shall be treated as and shall have the same effect as an original signature. In addition, an electronic signature, a true and correct facsimile copy or computer image of this Agreement shall be treated as and shall have the same effect as an original signed copy of this document. This Agreement may be amended or modified only by a written instrument signed by authorized representatives of both Parties. The preprinted terms and conditions found on any City purchase order, acknowledgment or other form will not be considered an amendment or modification of this Agreement, even if a representative of each Party signs that document. 7. Authority to Execute Contract. Both City and Contractor do covenant that each individual executing this Agreement on behalf of each party is a person duly authorized and empowered to execute contracts for such party. 8. Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose: Contractor: Motorola Solutions, Inc. Attn: Will Golden 10680 Treena St. Suite #200 San Diego, CA 92131 Phone: 909-809-6778 Email: william.golden@motorolasolutions.com Packet Pg. 226 City: City of San Bernardino Vanir Tower, 290 North D Street San Bernardino, CA 92401 Attn: City Manager Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. [SIGNATURES ON NEXT PAGE] Packet Pg. 227 SIGNATURE PAGE FOR AGREEMENT FOR THE CITY OF SAN BERNARDINO PIGGYBACK AGREEMENT FOR PURCHASE OF RADIO EQUIPMENT IN WITNESS WHEREOF, the parties have entered into this Agreement as of the date first written above. CITY OF SAN BERNARDINO Approved By: Charles E. McNeely Interim City Manager Attested By: Genoveva Rocha, CMC City Clerk Approved As To Form: Best Best & Krieger LLP City Attorney MOTOROLA SOLUTIONS, INC. Approved By: Signature Name Title Attested By: Signature Name Title Lauren Kirkland Area Sales Manager Packet Pg. 228 EXHIBIT “A” CITY OF SAN DIEGO CONTRACT NO. C1837, DATED DECEMBER 17, 2021 [ATTACHED] Packet Pg. 229 -6- EXHIBIT “B” MOTOROLA QUOTE-2017418 [ATTACHED] Packet Pg. 230 Billing Address: SAN BERNARDINO, CITY OF 201-B E ST SAN BERNARDINO, CA 92401 US Quote Date:03/14/2023 Expiration Date:05/15/2023 Quote Created By: Lauren Kirkland Lauren.Kirkland@ motorolasolutions.com 619-405-7100 End Customer: SAN BERNARDINO, CITY OF Line # Item Number Description Qty List Price Sale Price Ext. Sale Price APX™ 6000 Series APX6000 1 H98UCH9PW7BN APX6000 700/800 MODEL 3.5 PORTABLE 20 $4,104.00 $2,995.92 $59,918.40 1a G996AU ADD: PROGRAMMING OVER P25 (OTAP) 20 $110.00 $80.30 $1,606.00 1b QA05570AA ALT: LI-ION IMPRES 2 IP68 3400 MAH 20 $115.50 $84.32 $1,686.40 1c Q361AR ADD: P25 9600 BAUD TRUNKING 20 $330.00 $240.90 $4,818.00 1d Q498AY ENH: ASTRO 25 OTAR W/ MULTIKEY 20 $814.00 $594.22 $11,884.40 1e H38BT ADD: SMARTZONE OPERATION 20 $1,320.00 $963.60 $19,272.00 1f Q806BM ADD: ASTRO DIGITAL CAI OPERATION 20 $567.00 $413.91 $8,278.20 1g Q629AK ENH: AES ENCRYPTION AND ADP 20 $523.00 $381.79 $7,635.80 1h QA05100AA ENH: STD 1 YR WARRANTY APPLIES NO SFS 20 $0.00 $0.00 $0.00 2 NNTN8860A CHARGER, SINGLE-UNIT, IMPRES 2, 3A, 115VAC, US/NA 20 $169.56 $123.78 $2,475.60 QUOTE-2017418 Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the ""UnderlyingAgreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists between Motorola and Customer, thenMotorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products. Motorola Solutions, Inc.: 500 West Monroe, United States - 60661 ~ #: 36-1115800 Page 1 Packet Pg. 231 Line # Item Number Description Qty List Price Sale Price Ext. Sale Price 3 PMMN4099CL AUDIO ACCESSORY- REMOTE SPEAKER MICROPHONE,IP68 REMOTE SPEAKER MICROPHONE,3.5MM,UL 20 $142.56 $104.07 $2,081.40 Subtotal $119,656.20 Estimated Tax $10,508.09 Grand Total $130,164.29(USD) Notes: QUOTE-2017418 Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the ""UnderlyingAgreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists between Motorola and Customer, thenMotorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products. Motorola Solutions, Inc.: 500 West Monroe, United States - 60661 ~ #: 36-1115800 Page 2 Packet Pg. 232 Page 1 of 2 Record of Action of the Board of Supervisors APPROVED (CONSENT CALENDAR) COUNTY OF SAN BERNARDINO Board of Supervisors MOTION __AYE__ __MOVE__ _SECOND_ __AYE__ __AYE__ 1 2 3 4 5 LAURA H. WELCH, CLERK OF THE BOARD BY ____________________________________________ DATED: September 11, 2012 cc: ISD-Austin w/ agree Contractor c/o ISD w/ agree Auditor- Accts Pay Mgr w/ agree EBIX-BPO c/o Risk Mgmt ISD-Golub;Contracts Unit Purchasing-Rozko CAO-Edmisten;Lowe File - w/ agree jll 09/21/12 ITEM 30 REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORSREPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORSREPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORSREPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS OF SAN BERNARDINO COUNTY, CALIFORNIAOF SAN BERNARDINO COUNTY, CALIFORNIAOF SAN BERNARDINO COUNTY, CALIFORNIAOF SAN BERNARDINO COUNTY, CALIFORNIA AND RECORD OF ACTIONAND RECORD OF ACTIONAND RECORD OF ACTIONAND RECORD OF ACTION September 11, 2012 FROM: JOEL GOLUB, Chief Information Officer Information Services Department SUBJECT: COUNTY OF SAN BERNARDINO PUBLIC SAFETY RADIO COMMUNICATION SYSTEM UPGRADE RECOMMENDATION(S) 1. Find that it is in the best interest of the County to: continue the use of Motorola Solutions Inc. radio equipment and services and Aviat Networks microwave equipment and services as the standard: and to upgrade the County Public Safety Radio Communication System and maintain this standardization throughout the lifecycle of the upgrade project and useful life of upgraded system not to exceed 15 years. 2. Approve an Agreement No.12-696 with Motorola Solutions Inc., in an amount not to exceed $250,000, for a System Upgrade Analysis to be performed for the upgrade of the County Public Safety Radio Communication System. (Affected Districts: All) (Presenter: Joel Golub, Chief Information Officer, 388-5501) BOARD OF SUPERVISORS COUNTY GOALS AND OBJECTIVES Improve County Government Operations. Operate in a Fiscally-Responsible and Business-Like Manner. Maintain Public Safety. FINANCIAL IMPACT Funding for the 800 MHz Upgrade Project is included in the Architecture and Engineering Department (A&E) capital fund (CJP CIP 2V03). In 2011-12 the Board approved redirecting the annual allocation of $24.0 million for Future Space Needs Reserve to fund this project. Funding for 2012-13 was reduced to $20.0 million as the upgrade project is now planned to be programmed over a longer period of time. The preliminary total estimated cost of this project is approximately $175 million. This cost will be validated through the proposed Motorola Solutions Inc. engineering and planning study at a cost not to exceed $250,000. BACKGROUND INFORMATION Approval of this item includes findings that it is in the best interest of the County to establish Motorola Solutions Inc. (Motorola) radio equipment and services and Aviat Networks microwave equipment and services, as the standard to be used in the upgrade of the County’s 800 MHz radio system and will approve an agreement with Motorola Solutions Inc. in an amount not to Rev 4-19-11 Packet Pg. 233 COUNTY OF SAN BERNARDINO PUBLIC SAFETY RADIO COMMUNICATION SYSTEM UPGRADE SEPTEMBER 11, 2012 PAGE 2 OF 2 09/11/12 #30 exceed $250,000, for an engineering and planning study to be performed for the upgrade of the County Public Safety Radio Communication System. This study is necessary to provide a project scope, equipment list and associated costs. Several Board actions occurred between June 20, 1988 and July 24, 1989, resulting in the release of a Request for Proposal for a radio system, development and upgrade of microwave radio sites and equipment, and the award of Agreement no. 89-639 with Motorola. The total ending value of the contract with Motorola was approximately $9.3 million. In 1990, the system was completed and began operations. The total cost of the system including Harris (Aviat Networks) microwave equipment, tower construction and upgrades was approximately $25 million and was funded by the issuance of certificates of participation which have since been fully paid. The radio system operated for the first ten years without any major enhancements. In 2000, Motorola discontinued support on this now obsolete technology. Between December 2007 and April 2008, AECOM was contracted and performed a high level needs assessment and cost estimate for a new/upgraded radio system. The vendor analyzed both the radio system and dispatch centers, and estimated replacement cost of the County Public Safety Radio System at $215 million. The proposed study differs significantly from the AECOM assessment in that this is an in depth analysis to determine specific equipment needs, radio coverage, approximate site locations and final cost estimate for the upgrade. San Bernardino County has an investment of nearly $40 million dollars in Motorola P25 Digital capable radio mobile, portable, and backbone equipment. In addition, the County has built an extensive Aviat Networks microwave transport system allowing for network compatibility and visibility through the standardization of this equipment. The decision to continue upgrading backbone equipment using Motorola Solutions Inc. P25 solution and Aviat Network microwave equipment is compelling. Motorola mobile and portable radios operating on a Motorola backbone system connected by an Aviat Networks transport system ensures consistent functionality throughout the County radio network and offers users a very predictable operating experience, which is crucial in the high danger public safety environment that our first responders operate in daily. Any disparate equipment introduced in this network is capable of hindering the monitoring, visibility and trouble resolution process and introduces risk of additional system failure points. This standardization action through the proposed lifecycle allows for non-manufacturer specific technology, limiting potential disruptive transition to (or integration with) future technologies and equipment creating the desired interoperability with other public agencies. Standardizing on Motorola Solutions Inc. and Aviat Networks professional services will ensure that the upgrade is completed by the equipment manufacturers, as they hold the greatest level of expertise on the products. On June 1, 2012, County staff met with members of local public safety agencies, including the Sheriff’s Department, Police Departments, County Fire Department, and CONFIRE member agencies to discuss the proposed radio system upgrade project. The County received full concurrence and support for the system upgrade recommendation to Motorola P25 digital radio system. REVIEW BY OTHERS This item has been reviewed by County Counsel (Regina Coleman, Principal Assistant County Counsel, 387-3266) on August 16, 2012; the Purchasing Department (Laurie Rozko, Director of Purchasing, 387-2074) on May 28, 2012; and the County Administrative Office (Allison M. Edmisten, Administrative Analyst, 387-5558 and Janet Lowe, Assistant Director, Real Estate Services Department) on August 28, 2012. Packet Pg. 234 Packet Pg. 235 Packet Pg. 236 Packet Pg. 237 1 3 1 9 CONSENT CALENDAR City of San Bernardino Request for Council Action Date:July 19, 2023 To:Honorable Mayor and City Council Members From:Charles E. McNeely, Interim City Manager; Mary E. Lanier, Interim Agency Director of Community, Housing, and Economic Development Department:Community, Housing, & Economic Development (CED) Subject:Imposing Liens on Certain Real Property to Recover Costs for Code Enforcement Abatements of Public Nuisance Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2023-115, imposing liens on certain real property located within the City of San Bernardino to recover costs for Code Enforcement abatement of public nuisance. Background On October 5, 2015, the Mayor and Common Council adopted Ordinance MC-1418, which repealed San Bernardino Municipal Code Chapters 3.68 and 8.27 and amended Chapter 8.30. On September 18, 2019, the Mayor and City Council adopted Ordinance MC-1521, which made further revisions to Chapter 8.30. These changes have streamlined the City’s ability to abate public nuisances on properties and impose liens to enable the City to recover costs for abating nuisances. Discussion San Bernardino Municipal Code Section 8.30.050 requires a resolution be adopted in order to assess unpaid costs of abatement as liens upon the respective parcels of land as they are shown upon the last available assessment roll. The Abatement Assessments are for public nuisance abatements performed by the Code Enforcement Division which includes properties that were either secured and/or cleaned via administrative inspection warrants or were deemed Unsafe for Occupancy Packet Pg. 238 1 3 1 9 by the Code Enforcement Division. Included in this section, are emergency board-ups requested by the Police and County Fire Departments. Emergency board-ups are requested after a break-in has occurred or after fire suppression activities are completed, when no responsible parties can be reached. Additionally, there were three property demolitions performed with administrative demolition warrants. All affected property owners identified on the Abatement Assessments list (Attachment 1) have been notified through regular and certified mail of the respective abatement costs per SBMC 8.30.023. Further, affected property owners were also issued a Notice of Summary Abatement with the option to schedule a hearing per SBMC 8.30.045 and have also been advised of their right to appeal said costs within ten days, or to pay the costs within 45 days of notice, per San Bernardino Municipal Code Section 8.30.030 and 8.30.040. To date, no hearings have been requested and the costs are currently outstanding. As such, staff recommends adopting the resolution in order to assess the unpaid costs of the nuisance abatements. To date the total of outstanding fees for warrant abatements, emergency abatements and demolitions on the Abatement Assessment list, is $93,047.54. If property owners come forward to pay their costs prior to the council meeting, their properties will be removed from Attachment 1. 2021-2025 Strategic Targets and Goals The request to impose liens to recover costs for Code Enforcement abatements aligns with Key Target No. 1: Improved Operational & Financial Capacity and Key Target No. 4: Economic Growth & Development. Imposing liens to resolve public nuisances would ensure the City receives revenue back into the Community & Economic Development Department and that the City continues to strive towards being clean and attractive. Fiscal Impact The anticipated amount to be collected is $93,047.54. The amount will be collected incrementally as individual properties are sold and/or liens are paid through the escrow process or entered as an assessment on the County tax roll. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2023-115, imposing liens on certain real property located in the City of San Bernardino to recover costs for Code Enforcement abatement of public nuisance. Attachments Attachment 1 Resolution No. 2023-115 Attachment 2 Exhibit A - Abatement Assessments Packet Pg. 239 1 3 1 9 Ward: All Wards Synopsis of Previous Council Actions: October 5, 2015 - Mayor and City Council adopted Ordinance MC-1418, repealing San Bernardino Municipal Code Chapters 3.68 and 8.27 and amended Chapter 8.30 of San Bernardino Municipal Code regarding Public Nuisance Abatement. April 18, 2018 - Mayor and City Council adopted Resolution 2018-106, imposing liens on certain real property located within the City of San Bernardino for the costs of public nuisance. August 1, 2018 - Mayor and City Council adopted Resolution No. 2018-222, imposing liens on certain real property located within the City of San Bernardino for the cost of public nuisance abatements. September 18, 2019 - Mayor and City Council adopted Ordinance MC-1521, Amending Chapters 2.45, 8.24, 8.30, 8.36, 9.92, 15.04, 15.05, 15.20, and 15.28 of the San Bernardino Municipal Code, and adding Chapter 9.94 of the San Bernardino Municipal Code, related to various Code Enforcement Procedures, including the City’s administrative hearing procedures and appeals procedures. Packet Pg. 240 Resolution No. 2023-115 Resolution 2023-115 July 19, 2023 Page 1 of 3 2 5 8 8 RESOLUTION NO. 2023-115 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, IMPOSING LIENSON CERTAIN REAL PROPERTY LOCATED WITHIN THE CITY OF SAN BERNARDINO TO RECOVER COSTS FOR CODE ENFORCEMENT ABATEMENT OF PUBLIC NUISANCE. WHEREAS, the City of San Bernardino, pursuant to its authority under Chapter 8.30 of the San Bernardino Municipal Code, did lawfully cause public nuisances to be abated on the properties described in the Abatement Assessments List; and WHEREAS, notice of the abatement costs were given to the owners of record of said properties, and any timely requested hearing has heretofore been held to hear protests of the costs of said abatement before the Administrative Hearing Office, who determined the owner of record is responsible for the costs. 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. Said costs are found to have been incurred by the City pursuant to proceedings under the San Bernardino Municipal Code, and the final statement of costs on file with the City Clerk is hereby confirmed and adopted as special assessments against the properties lists in Exhibit A. SECTION 3. Said sum shall become a lien on said property pursuant to San Bernardino Municipal Code 8.30.050 and shall be collected as a special assessment. SECTION 4. The City Clerk is hereby directed to file a certified copy of this Resolution, including Exhibit A, showing such sums as remained unpaid, to the Recorder and the Auditor of the County of San Bernardino, State of California, directing that each sum be entered as a lien charged against the property as it appears on the current assessment rolls, to be collected at the said time and in the same manner, subject to the same penalties and interest upon delinquencies, as the general taxes for the City of San Bernardino are collected. SECTION 5.The Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that Packet Pg. 241 Resolution No. 2023-115 Resolution 2023-115 July 19, 2023 Page 2 of 3 2 5 8 8 the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. SECTION 6.Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. SECTION 7. Effective Date. This Resolution shall become effective immediately. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this ___ day of __________ 2023. Helen Tran, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney Packet Pg. 242 Resolution No. 2023-115 Resolution 2023-115 July 19, 2023 Page 3 of 3 2 5 8 8 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2023-115, adopted at a regular meeting held on the ___ day of _______ 2023 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ REYNOSO _____ _____ _______ _______ CALVIN _____ _____ _______ _______ ALEXANDER _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________ 2023. Genoveva Rocha, CMC, City Clerk Packet Pg. 243 EXHIBIT "A" ABATEMENT ASSESSMENTS ADDRESS OWNER DATE ABATED WARD COST 1105 S. Waterman Ave.CORONEL, GABRIEL AND ROSALBA L TRUST 07/13/22 3 $2,536.55 1165 E. 3rd St.HUMANN, LAURA ANNE HARRISON 08/12/22 1 $15,432.29 247 Ennis St.JAMA INVESTMENTS LLC 08/11/22 3 $19,384.67 1224 Crestview Ave.RIVERA, MARTIN - EST OF 10/28/22 2 $30,324.41 271 N. K St.HOLLY, EDWARD L 11/16/22 1 $13,079.95 2140 N. Sepulveda Ave.REYES C. RIOS/ YOLANDA C. RIOS 10/22/22 2 $11,525.26 1605 N. D St.1605 NORTH D STREET LLC 11/03/22 2 $764.41 Total:$93,047.54 Packet Pg. 244 1 3 6 0 CONSENT CALENDAR City of San Bernardino Request for Council Action Date:July 19, 2023 To:Honorable Mayor and City Council Members From:Charles E. McNeely, Interim City Manager; Cassandra Searcy, Deputy Director of Housing and Homelessness Department:Community, Housing, & Economic Development (CED) Subject:Resolution and Amendment to the California Department of Housing and Community Development Standard Agreement for Permanent Local Housing Allocation Funds Spending Plan and Allocations (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1.Adopt Resolution 2023-097 of the Mayor and City Council of the City of San Bernardino, amending Resolution 2020-92, as required by the California Department of Housing and Community Development, authorizing the Director of Community Housing and Economic Development, and the Deputy Director of Housing and Homelessness to execute the Permanent Local Allocation Program documents, and amending the Permanent Local Housing Allocation Funds Section 302 (c)(4) plan. 2.Authorize termination of the Permanent Local Housing Allocation Program Subrecipient Agreement between the City of San Bernardino and Step Up on Second Street, Inc. Background The California Department of Housing and Community Development (HCD) released a Notice of Funding Availability (NOFA) of approximately $335 million for the Permanent Local Housing Allocation (PLHA) program. Funding for the NOFA is provided according to Senate Bill 2. Senate Bill 2 was signed into law by Governor Brown on September 29, 2017, and took effect January 1, 2018. It creates a $75 fee on certain real estate transaction documents when they are recorded, capped at $225 per transaction. The fee does not apply to sales of residential and commercial properties but instead to other transactions like mortgage refinancing and county fixture Packet Pg. 245 1 3 6 0 filings. Senate Bill (SB) 2 established the Building Homes and Jobs Trust Fund so that 70 percent of the fees collected would be deposited into the Fund, beginning in 2019, and allocated to local governments for eligible housing activities. The intent of SB 2 is to provide a permanent source of funding to local governments for housing-related projects and programs that address the unmet housing needs in their communities. On May 20, 2020, the Mayor and City Council adopted Resolution 2020-92 approving the PLHA funds Section 302(c)(4) Plan based on the City’s 5-Year Consolidated Plan. On October 21, 2020, the City was awarded an estimated five-year allocation not to exceed $9,732,162. On March 11, 2021, the City approved a PLHA Subrecipient Agreement (Agreement) with Step Up On Second Street, Inc. (Subrecipient), not to exceed $107,432, to assist persons experiencing or at risk of homelessness within the City. On September 21, 2022, the City approved an amendment to extend the term of the agreement to allow additional time to expend the PLHA funds. To date, the Subrecipient has expended $29,363. Subsequently, on October 27, 2022, CED presented a Homeless Workshop utilizing data obtained from the 2022 San Bernardino County Continuum of Care Homeless Count and Survey Final Report (Report), to align with the Homeless Strategy presented to HCD, which requires an amendment to the allocation plan. Discussion The PLHA program requires the City to submit a 5-year allocation plan based on eligible activities: 1. The predevelopment, development, acquisition, rehabilitation, and preservation of multifamily, residential live-work, and rental housing that is affordable to extremely low-, very low-, low-, or moderate-income households, including necessary operating subsidies. 2. The predevelopment, development, acquisition, rehabilitation, and preservation of Affordable rental and ownership housing, including Accessory Dwelling Units (ADUs), that meets the needs of a growing workforce earning up to 120 percent of AMI, or 150 percent of AMI in high-cost areas. ADUs shall be available for occupancy for a term of no less than 30 days. 3. Matching portions of funds placed into Local or Regional Housing Trust Funds. 4. Matching portion of available through the Low- and Moderate-Income Housing Asset Fund according to subdivision 9d) of HSC Section 34176. 5. Capitalized Reserves for Services connected to the preservation and creation of new permanent supportive housing. Packet Pg. 246 1 3 6 0 6. Assisting persons who are experiencing or at risk of homelessness including, but not limited to, providing rapid rehousing, rental assistance, supportive/case management services that allow people to obtain and retain housing, operating and capital costs for navigation centers and emergency shelters, and the new construction, rehabilitation, and preservation of permanent and transitional housing. a. This activity may include subawards to administrative entities as defined in HSC Section 50490(a)(1-3) that were awarded CESH program or HEAP funds for rental assistance to continue assistance to these households. b. Applicants must provide rapid-rehousing, rental-assistance, navigation centers, emergency shelter, and transitional housing activities in a manner consistent with the Housing First practices described in 25 CCR, Section 8409, subdivision (b)(1)-(6) and in compliance with WIC Section 8225(b)(8). An applicant allocated funds for the new construction, rehabilitation, and preservation of permanent supportive housing shall incorporate the core components of Housing First, as provided in WIC Section 8255, subdivision (b). 7. Accessibility modifications in lower-income owner-occupied housing. 8. Efforts to acquire and rehabilitate foreclosed or vacant homes and apartments. 9. Homeownership opportunities, including, but not limited to, down payment assistance. 10.Fiscal incentives made by a county to a city within the county to incentivize approval of one or more affordable housing projects, or matching funds invested by a county in an affordable housing development project in a city within the county, provided that the city has made an equal or greater investment in the project. The county fiscal incentives shall be in the form of a grant or low-interest loan to an affordable housing project. Matching funds investments by both the county and the city also shall be a grant or low-interest deferred loan to the affordable housing project. In late September/early October of 2022, Step-Up requested the City terminate the agreement. The Director stated the organization was attempting to bolster its outreach team, but they were unable to do so, and Step-Up no longer needed the funding. In response to Step-Up’s request City staff will return to Council with a funding recommendation for the outstanding balance of $78,070. To better focus on the immediate need to achieve the goals outlined in the City’s Homeless Strategy, the approved allocation plan from May 20, 2020, will be amended to reallocate funds from Activities 1 and 2 to Activity 6. The 2019 allocation will now be as follows: Packet Pg. 247 1 3 6 0 This will make funds available to assist persons who are experiencing or at risk of homelessness. Activity 6 allows the City to provide funding to local service providers that offer rapid rehousing, rental assistance, emergency shelter, and transitional housing activities, as well as towards the proposed navigation center. 2021-2025 Strategic Targets and Goals Amending the spending plan for the PLHA program aligns with Key Target No. 1: Improved Operational and Financial Capacity, by securing a permanent funding allocation for housing and Key Target No. 3: Improved Quality of Life, by securing additional funds to reduce the burden of homelessness through engagement, collaboration, and alignment with other entities. Fiscal Impact There is no fiscal impact on the General Fund associated with this report. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1.Adopt Resolution 2023-097 of the Mayor and City Council of the City of San Bernardino, amending Resolution 2020-92, as required by the California Department of Housing and Community Development, authorizing the Director of Community Housing and Economic Development, and the Deputy Director of Housing and Homelessness to execute the Permanent Local Allocation Program documents, and amending the Permanent Local Housing Allocation Funds Section 302 (c)(4) plan. 2.Authorize termination of the Permanent Local Housing Allocation Program Subrecipient Agreement between the City of San Bernardino and Step Up on Second Street, Inc. Attachments Attachment 1 Resolution 2020-79, Submit PLHA Application Attachment 2 Resolution 2020-92, Approval PLHA Allocation ACTIVITY Ame ndme nt Al locati on 1,622,027.00$ Admi ni strati on 81,101.35$ 1,540,925.65$ Af fordabl e Rental Housing 616,370.26$ 308,185.13$ Pre servation of Aff ordabl e Re ntal and Owne rshi p Housi ng 539,323.98$ -$ Emerge ncy She l te rs and Transitional Housi ng 385,231.41$ 1,232,740.52$ Home Buyer Assistance -$ -$ 1,540,925.65$ 1,540,925.65$ 2019 Packet Pg. 248 1 3 6 0 Plan Attachment 3 Resolution 2023-097, Amendment of Application and Adopt PLHA Plan Attachment 4 PLHA Budget Revision Form Attachment 5 PLHA Step Up on Second Street, Inc. Agreement Ward: All Wards Synopsis of Previous Council Actions: February 19, 2020 Mayor and City Council adopted Resolution No. 2020-37 authorizing application for, and recipient of, SB2 Planning Grant Program funds. April15, 2020 Mayor and City Council adopted Resolution No. 2020-60 authorizing application for the projects utilizing Permanent Local Housing Allocation Funds from the California Department of Housing and Community Development. May 20, 2020 May and City Council adopted Resolution No. 2020-79 and No. 2020-92, authorizing the submission of the application and approving the Permanent Local Housing Allocation Funds Section 302(c)(4) Plan. December 12, 2020 The Mayor and City Council adopted Resolution No. 2020- 290 authorizing the re-submittal of a PLHA application to authorize the new City Manager as signatory on the future Standard Agreement, and Resolution 2020-301 approving the PLHA housing plan. September 21, 2022 Mayor and City Council approved the First Amendment to the PLHA Subrecipient Agreement with Step-Up on Second Street, Inc. Packet Pg. 249 Packet Pg. 250 Packet Pg. 251 Packet Pg. 252 Packet Pg. 253 2 7 2 6 _____________ __________________________________________________________ _______________________________ _______________________________________________ _______________________________________________________ _________________________________________________________________ ____________________________ _______________________________ ______________________ _A necessary quorum and majority of the _City Council _the City of San Bernardino of A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING RESOLUTION OF The City of San Bernardino AUTHORIZING THE APPLICATION AND ADOPTING THE PLHA PLAN FOR THE PERMANENT LOCAL HOUSING ALLOCATION PROGRAM _Insert Name of Applicant hereby consents to, adopts, and ratifies the following resolution: A. WHEREAS, the Department is authorized to provide up to $335 million under the SB 2 Permanent Local Housing Allocation Program Formula Component from the Building Homes and Jobs Trust Fund for assistance to Cities and Counties (as described in Health and Safety Code section 50470 et seq. (Chapter 364, Statutes of 2017 (SB 2)). B. WHEREAS the State of California (the “State”), Department of Housing and Community Development (“Department”) issued a Notice of Funding Availability (“NOFA”) dated 8/17/2022 under the Permanent Local Housing Allocation (PLHA) Program; C.WHEREAS the City of San Bernardino is an eligible Local government who has applied for program funds to administer one or more eligible activities, or a Local or Regional Housing Trust Fund to whom an eligible Local government delegated its PLHA formula allocation. D. WHEREAS the Department may approve funding allocations for PLHA Program, subject to the terms and conditions of the Guidelines, NOFA, Program requirements, the Standard Agreement, and other contracts between the Department and PLHA grant recipients; NOW THEREFORE BE IT RESOLVED THAT: 1.If Applicant receives a grant of PLHA funds from the Department pursuant to the above referenced PLHA NOFA, it represents and certifies that it will use all such funds in a manner consistent and in compliance with all applicable state and federal statutes, rules, regulations, and laws, including without limitation all rules and laws regarding the PLHA Program, as well as any and all contracts Applicant may have with the Department. 2.Applicant is hereby authorized and directed to receive a PLHA grant, in an amount not to exceed the five-year estimate of the PLHA formula allocations, as stated in Appendix C of the current NOFA $ 9,732,162.00 in accordance with all applicable rules and laws. Resolution No. 2023-097 Packet Pg. 254 2 7 2 6 _____________________________________ 3.Applicant hereby agrees to use the PLHA funds for eligible activities as approved by the Department and in accordance with all Program requirements, Guidelines, other rules and laws, as well as in a manner consistent and in compliance with the Standard Agreement and other contracts between the Applicant and the Department. 4.Pursuant to Section 302(c)(4) of the Guidelines, Applicant’s PLHA Plan for the 2019-2023 Allocations is attached to this resolution, and Applicant hereby adopts this PLHA Plan and certifies compliance with all public notice, public comment, and public hearing requirements in accordance with the Guidelines. 5.If applicable: Applicant certifies that it was delegated by City Council to submit an application on its behalf and administer the PLHA grant award for the formula allocation of PLHA funds, pursuant to Guidelines Section 300(c) and 300(d), and the legally binding agreement between the recipient of the PLHA funds and the Applicant is submitted with the PLHA application. 6.If applicable: Applicant certifies that it has or will subgrant some or all of its PLHA funds to another entity or entities. Pursuant to Guidelines Section 302(c)(3), “entity” means a housing developer or program operator, but does not mean an administering Local government to whom a Local government may delegate its PLHA allocation. 7.If applicable: Applicant certifies that its selection process of these subgrantees was or will be accessible to the public and avoided or shall avoid any conflicts of interest. 8.If applicable: Pursuant to Applicant’s certification in this resolution, the PLHA funds will be expended only for eligible Activities and consistent with all program requirements. 9.If applicable: Applicant certifies that, if funds are used for the acquisition, construction or rehabilitation of for-sale housing projects or units within for-sale housing projects, the grantee shall record a deed restriction against the property that will ensure compliance with one of the requirements stated in Guidelines Section 302(c)(6)(A),(B) and (C). 10.If applicable: Applicant certifies that, if funds are used for the development of an Affordable Rental Housing Development, the Local government shall make PLHA assistance in the form of a low-interest, deferred loan to the Sponsor of the Project, and such loan shall be evidenced through a Promissory Note secured by a Deed of Trust and a Regulatory Agreement shall restrict occupancy and rents in accordance with a Local government-approved underwriting of the Project for a term of at least 55 years. 11.Applicant shall be subject to the terms and conditions as specified in the Standard Agreement, the PLHA Program Guidelines and any other applicable SB 2 Guidelines published by the Department. 12. City Manager, Assistant City Manager, Director of Community and Economic Development, or Deputy Director Housing and Homelessness_ is/are authorized to execute the PLHA Program Application, the PLHA Standard Agreement and any subsequent amendments or modifications thereto, as well as any other documents which are related to the Program or the PLHA grant awarded to Applicant, as the Department may deem appropriate. Packet Pg. 255 2 7 2 6 ______________________________ __________________________________________ _________________________________ ________________________ _________________________________ ________________________ _Helen Tran, Mayor _Genoveva Rocha, City Clerk PASSED AND ADOPTED at a regular meeting of the Insert Name of Applicant this Enter day day of, Enter month 2023, by the following vote: AYES:Enter no.ABSTENTIONS: Enter no. NOES:Enter no.ABSENT: Enter no. Signature of Approving Officer:Signature of Approving Officer _ INSTRUCTION: The attesting officer cannot be the person identified in the resolution as the authorized signor CERTIFICATE OF THE ATTESTING OFFICER The undersigned, Officer of Genoveva Rocha does hereby attest and certify that the foregoing Resolution is a true, full and correct copy of a resolution duly adopted at a meeting of the _City of San Bernardino which was duly convened and held on the date stated thereon, and that said document has not been amended, modified, repealed or rescinded since its date of adoption and is in full force and effect as of the date hereof. ATTEST: Signature of Attesting Officer Signature of Attesting Officer Packet Pg. 256 §302(c)(4)(C) Provide a description of how the Plan is consistent with the programs set forth in the Local Government’s Housing Element. The City's Housing Element, still under develoments, will supports all four eligible activities included in the PLHA Section 302(c)(4) Plan.The Housing Element facilitates provision of housing opportunities that are affordable to all economic segments of the community, including homeownership and multifamily rental for households with varied income levels. Several of the Housing Element Goals will be consistent with the proposed PLHA Plan: 1) Conserve and improve the existing affordable housing stock and revitalize deteriorating neighborhoods; 2) Assist in the provision of housing affordable to lower and moderate income households; 3) Promote equal housing opportunities for all persons in San Bernardino; and 4) Continuum of Care Plan for the Homeless (through CDBG and ESG funding). §301(a)(1) The predevelopment, development, acquisition, rehabilitation, and preservation of multifamily, residential live-work, rental housing that is affordable to extremely low-,very low-, low-, or moderate- income households, including necessary Operating subsidies. §302(c)(4)(E)(i) Provide a detailed and complete description of how allocated funds will be used for each proposed Affordable Rental Housing Activity. §302(c)(4) Plan Rev. 2/16/22 §302(c)(4)(A) Describe the manner in which allocated funds will be used for eligible activities. The City of San Bernardino plans to use its five-year allocation for PLHA funds on four eligible activities: 1) Section 301(a)(1) includes the predevelopment, development, acquisition, rehabilitation, and preservation of multifamily, residential rental housing that is affordable to extremely low-, very low-, low-, and moderate-income households; 2) Section 301 (a)(2) includes the predevelopment, development, acquisition, and rehabilitation, and preservation of affordable rental and ownership housing that meets the needs of a growing workforce earning up to 120 percent of AMI; 3) Section 301(a)(6) includes assisting persons who are experiencing or At-Risk of homelessness; and 4) Section 301(a)(9) includes homeownership opportunities. If funds are used for the development of an Affordable Rental Housing Development, the City will make the assistance in the form of a low-interest, deferred loan to the developer/Project. The loan will be executed through a Promissory Note secured by a Deed of Trust, and a Regulatory Agreement shall restrict occupancy and rents in approved underwriting of the Project for a term of at least 55 years. Please see below for details regarding each of these activities. 5% of allocation will be utilized on eligilbe cost related to the administration of the activities. §302(c)(4)(B) Provide a description of the way the Local government will prioritize investments that increase the supply of housing for households with incomes at or below 60 percent of Area Median Income (AMI). The City of San Bernardino plans to prioritize investments to several categories of households over the next five years. When using funds to assist with multifamily rental housing, the City will target households at 60% AMI or lower. For workforce housing, the City will assist households earning 120% of AMI or lower. The City is creating a Homelessness navigation center to assists homeless households, they will target those which earn 30% of AMI or lower. Finally, when providing homeownership assistance the City will also target those households earning between 80% and 120% of AMI. If funds are used for the development of an Affordable Rental Housing Development, the City will make th assistance in the form of a low-interest, deferred loan to the developer/Project. The loan will be executed through a Promissory Note secured by a Deed of Trust, and a Regulatory Agreement that shall restrict occupancy and rents in approved underwriting of the Project for a term of at least 55 years. Activities Detail (Activities Detail (Must Make a Selection on Formula Allocation Application worksheet under Eligible Activities, §301)) The PLHA funds will be used to assist with predevelopment cost (i.e. consultant to assist develop), development, rehabilitation, and gap financing for affordable to extremely low-,Very low-,or Low-, or Moderate-income multifamily rental housing projects. Funding Allocation Year 2019 2020 2021 2022 2023 Complete the table below for each proposed Affordable Rental Housing Activity to be funded with 2019-2023 PLHA allocations. If a single Activity will be assisting households at more than one level of Area Median Income, please list the Activity as many times as needed to capture all of the AMI levels that will be assisted, but only show the percentage of annual funding allocated to the Activity one time (to avoid double counting). 40 §302(c)(4)(E)(iii) A description of major steps/actions and a proposed schedule for the implementation and completion of the Activity. §302(c)(4)(E)(i) Percentage of Funds Allocated for the Proposed Affordable Rental Housing Activity 20.0%0.0%45.0%30.0%30.0% §302(c)(4)(E)(ii) Area Median Income Level Served 60%60%60%60%60%TOTAL 428 §302(c)(4)(E)(ii) Unmet share of the RHNA at the AMI Level Note: complete for years 2019, 2020, 2021 only 55 Years 55 Years 55 Years 55 Years 55 Years 55 Years §302(c)(4)(E)(iv) Period of Affordability for the Proposed Affordable Rental Housing Activity (55 years required for rental housing projects) 55 Years 55 Years 55 Years 55 Years 55 Years 55 Years 55 Years 55 Years §302(c)(4)(E)(ii) Projected Number of Households Served 0 10 10 10 10 428 PLHA Page 1 302(c)(4) Plan Packet Pg. 257 §301(a)(6) Assisting persons who are experiencing or At risk of homelessness, including, but not limited to, providing rapid rehousing, rental assistance, supportive/case management services that allow people to obtain and retain housing, operating and capital costs for navigation centers and emergency shelters, and the new construction, rehabilitation, and preservation of permanent and transitional housing. The PLHA funds will be used to supplement HOME and NSP funds to assist the City with predevelopment cost and gap financing for multifamily rental housing identified in the City's Pipeline Matrix. There are 4 projects currently on the City list. The City is currently working to release a HOME Request for Proposals. The City will continue to analyze proposed developments for feasibility. It is anticipated that 246 households could be assisted with financing during the five-year Plan. The City's priority is to utilize funds to develop the Homeless Outreach Prevention and Education Campus. The City's Housing Department will contract with a Planner to oversee zoning, specific plans, design guidelnes and ordinances for affordable housing. §301(a)(2) The predevelopment, development, acquisition, rehabilitation, and preservation of Affordable rental and ownership housing, including Accessory Dwelling Units (ADUs), that meets the needs of a growing workforce earning up to 120 percent of AMI, or 150 percent of AMI in high-cost areas. ADUs shall be available for occupancy for a term of no less than 30 days. Complete the table below for each proposed Affordable Rental and Ownership Housing Activity to be funded with 2019-2023 PLHA allocations. If a single Activity will be assisting households at more than one level of Area Median Income, please list the Activity as many times as needed to capture all of the AMI levels that will be assisted, but only show the percentage of annual funding allocated to the Activity one time (to avoid double counting). Type of Affordable Housing Activity 752 §302(c)(4)(E)(ii) Area Median Income Level Served 120%120%120%120%120%TOTAL §302(c)(4)(E)(ii) Unmet share of the RHNA at AMI Level Note: complete for years 2019, 2020, 2021 only 752 §302(c)(4)(E)(ii) Projected Number of Households Served 0 0 5 5 5 15 §302(c)(4)(E)(i) Percentage of Funds Allocated for Each Affordable Housing Activity 0%0%25%20%20% The PLHA funds will be used to expand the City's existing homeownership preservation program. The current program assists households at the 80% of AMI level; this supplement will help the City to assist households earning between 80% and 120% of AMI. There is a 36 household waiting list for this program. It is anticipated that 25 households can be assisted with preservation financing during the five-year Plan. Outreach and marketing to homeowners is underway, and the waiting list will be updated monthly. §302(c)(4)(E)(iv) Period of Affordability for the Proposed Activity (55 years required for rental housing projects) §302(c)(4)(E)(iii) A description of major steps/actions and a proposed schedule for the implementation and completion of each Affordable Rental and Ownership Housing project. The PLHA funds will be used to help fund the rehabilitation of the City's new Homeless Outreach Prevention and Education Campus. Another component of the City's planned PLHA homeless assistance will be homelessness prevention, rapid rehousing, shelter operations, and street outreach provided by the following City-contracted community service providers: Step Up on Second, Salvation Army, Community Action Partnership of San Bernardino (CAPS), and Family Service Association of Redlands (FSA). The City anticpates providing services to an additional 100 homeless persons by increased funding to service providers with PLHA funds. Complete the table below for each proposed Activity to be funded with 2019-2023 PLHA allocations. If a single Activity will be assisting households at more than one level of Area Median Income, please list the Activity as many times as needed to capture all of the AMI levels that will be assisted, but only show the percentage of annual funding allocated to the Activity one time (to avoid double counting). §302(c)(4)(E)(i) Provide a detailed and complete description of how allocated funds will be used for each proposed Affordable Rental and Ownership Housing Activity.Enter Percentage of Funds Allocated for Affordable Owner-occupied Workforce Housing 13% The City will utilize PLHA funds to expand the existing homeownership preservation program for households with incomes of up to 120% of AMI (workforce housing). Funding Allocation Year 2019 2020 2021 2022 2023 §302(c)(4)(E)(i) Provide a detailed and complete description of how allocated funds will be used for the proposed Activity. PLHA Page 2 302(c)(4) Plan Packet Pg. 258 §302(c)(4)(E)(i) Percentage of Funds Allocated for the Proposed Activity 80.00%95.00%25.00%45.00%45.00% Funding Allocation Year 2019 2020 2021 2022 2023 TOTAL§302(c)(4)(E)(ii) Area Median Income Level Served 30%30% The City Homeless Outreach Prevention and Education campus is currently is the initial evaluation stage. PLHA funds will be utilized to provide consulting planner, building assesment, scope of work, and provide estimates. The proposed rehabilitation project to rhabilitate the art studio/workshps, administration building, classroon building, and garden shed. The initial estimate is $24,000,000, with PLHA- provided City funding allocation from 2019 -2023 PLHA funds. The City will contribute PLHA funds to augment the existing homeless services provided by City-contracted Step Up on Second, Salvation Army, CAPS, and FSA. §302(c)(4)(E)(ii) Unmet share of the RHNA at AMI Level Note: complete for years 2019, 2020, 2021 only 0 0 0 0 0 0 30%30%30% Type of Activity for Persons Experiencing or At Risk of Homelessness 170 §302(c)(4)(E)(iv) Period of Affordability for the Proposed Activity (55 years required for rental housing projects) §302(c)(4)(E)(ii) Projected Number of Households Served 50 50 50 10 10 §302(c)(4)(E)(iii) A description of major steps/actions and a proposed schedule for the implementation and completion of the Activity. PLHA Page 3 302(c)(4) Plan Packet Pg. 259 Final Filing Date: October 31, 2022 at 4:00 P.M. PST Permanent Local Housing Allocation (PLHA) Formula Allocation 2022 Application for New Applicants State of California Governor, Gavin Newsom Lourdes Castro Ramírez, Secretary Business, Consumer Services and Housing Agency Gustavo Velasquez, Director Department of Housing and Community Development Program Design and Implementation, PLHA Program 2020 West El Camino Avenue, Suite 150, Sacramento, CA 95833 PLHA Program Email: PLHA@hcd.ca.gov Packet Pg. 260 Threshold items are indicated in "blue" cells. Applicant must complete the following worksheets in the PLHA Formula Allocation Application. Formula Allocation Application "Red" shaded cells indicate the Sponsor has failed to meet a requirement of the program. Application and Adopting the PLHA Plan (2019-2023 Allocations) Reso Electronic File Name App1 TIN Pursuant to section 302(c)(4) of the Guidelines, Applicant’s PLHA Plan for 2019-2023 allocations is attached to this resolution, and Applicant certifies compliance with all public notice, comment, and hearing requirements in accordance with the Guidelines. Document Description 302(c)(4) Plan Legislative Contacts Applications must be on the Department’s forms and cannot be altered or modified by the Applicant. Excel forms must be in Excel format and 'save as' .xls or .xlsx. Do not 'save as' .xlsm or .pdf format. If you encounter problems with the application, please fill out the Application Support worksheet and email the entire workbook to Application Support at AppSupport@hcd.ca.gov and PLHA@hcd.ca.gov General Instructions Additional instructions and guidance are given throughout the Formula Allocation Application in "red" text and in cell comments. Guideline references are made with "§" and the corresponding guideline section number. "Yellow" cells are for Applicant input. Failure to provide the required attachments and documentation will disqualify your application from consideration. Required attachments are indicated in "orange" throughout the Supplemental Application. Failure to provide the required attachments and documentation may disqualify your application from consideration. Electronically attached files must use the naming convention in the PLHA Application. For Example: "App1 Payee Data" for Applicant 1 Payee Data Record/STD. 204. Instructions This application form is limited to Applicants who did not apply to the 2020 and 2021 Formula Allocation NOFA Rev. 2/16/22 When opening this file, a yellow banner at the top may appear with a button that says "Enable Content". It is essential that you click this box so that the macros are enabled. Enabling macros is necessary for full worksheet functionality. Macros do not work with Microsoft's Excel version for Apple Mac. Applications must be submitted electronically to the Department’s website. Requirements for uploading the Application Workbook and required supporting documentation, including naming conventions, are described in the application instructions available at https://www.hcd.ca.gov/grants-funding/active-funding/plha.shtml. All applicable information must be received by HCD no later than 4:00 p.m. on: Monday, October 31, 2022 Disclosure of Application (California Public Records Act Statutes of 1968 Chapter 1473): Information provided in the application will become a public record available for review by the public, pursuant to the California Public Records Act Statutes of 1968 Chapter 1473. As such, any materials provided will be disclosable to any person making a request under this Act. The Department cautions Applicants to use discretion in providing information not specifically requested, including but not limited to, bank accounts, personal phone numbers and home addresses. By providing this information to the Department, the Applicant is waiving any claim of confidentiality and consents to the disclosure of submitted material upon request. Included? Included Included X Reuse Plan X Applicant Delegation Agreement 0 X Executed Application Provide a copy of the signed application. Signature in blue ink preferred.Not Applicable Legally binding agreement between Delegating and Administering Local Governments (sample provided—just click on icon in row 17, column AI) Program Income Reuse Plan describing how repaid loans or accrued interest will be used for eligible activities in Section 301. Included Checklist Included Threshold Requirement X PLHA Page 1 Instructions & Checklist Packet Pg. 261 Local Government Formula Allocation for New Applicants Rev. 2/16/22 290 North D Street §301(a)(2) The predevelopment, development, acquisition, rehabilitation, and preservation of affordable rental and ownership housing, including Accessory Dwelling Units (ADUs), that meets the needs of a growing workforce earning up to 120 percent of AMI, or 150 percent of AMI in high-cost areas. ADUs shall be available for occupancy for a term of no less than 30 days. §301(a)(1) The predevelopment, development, acquisition, rehabilitation, and preservation of multifamily, residential live-work, rental housing that is affordable to Extremely low-,Very low-, Low-, or Moderate-income households, including necessary operating subsidies. §301(a)(7) Accessibility modifications in Lower-income Owner-occupied housing. §301(a)(6) Assisting persons who are experiencing or At-risk of homelessness, including, but not limited to, providing rapid re-housing, rental assistance, supportive/case management services that allow people to obtain and retain housing, operating and capital costs for navigation centers and emergency shelters, and the new construction, rehabilitation, and preservation of permanent and transitional housing. §301(a)(5) Capitalized Reserves for services connected to the preservation and creation of new permanent supportive housing. §301(a)(4) Matching portions of funds available through the Low- and Moderate-Income Housing Asset Fund pursuant to subdivision (d) of HSC Section 34176. Instructions: If the Local Government Recipient of the PLHA Formula Allocation delegated its PLHA formula allocation to a Local Housing Trust Fund or to another Local Government, the Applicant (for which information is required below) is the Local Housing Trust Fund or administering Local Government. The PLHA award will be made to the Applicant (upon meeting threshold requirements) and the Applicant is responsible for meeting all program requirements throughout the term of the Standard Agreement. The 302(c)(4) Plan template worksheet requires first choosing one or more of the Eligible Activities listed below. If "Yes" is clicked, the 302(c)(4) Plan worksheet opens a series of questions about what precise activities are planned. Some specific activities, such as providing downpayment assistance to lower-income households for acquisition of an affordable home, could be included under either Activity 2 or 9. Please only choose one of those Activities; don't list the downpayment assistance under both Activities. If the PLHA funds are used for the same Activity but for different Area Median Income (AMI) level, select the same Activity twice (or more times) and the different AMI level the Activity will serve. Please enter the percentage of funds allocated to the Activity in only the first Activity listing to avoid double counting the funding allocation. For each year (2019-2023), allocations must equal 100% annually including the allowable administrative costs of up to 5%. 2021 PLHA NOFA Formula Allocation Amount:2021 NOFA Allowable Local Admin (5%): Uploaded to HCD? §300(d) Is Applicant delegated by another Local government to administer on its behalf its formula allocation of program funds? CA §302(c)(3) Applicant certified in the Resolution submitted with this application that, if the Local Government proposes allocation of funds for any activity to another entity, the Local government’s selection process had no conflicts of interest and was accessible to the public. §302(c)(2) Applicant certified in the Resolution submitted with this application that submission of the application was authorized by the governing board of the Applicant. Eligible Activities, §301 Title: 92401 Yes §302(a) The Applicant's Housing Element and Delegating Local Government's Housing Element (if applicable) was/were adopted by the Local Government’s governing body by the application submittal date subsequently determined to be in substantial compliance with state Housing Element Law pursuant to Government Code Section 65585. Yes §301(a)(3) Matching portions of funds placed into Local or Regional Housing Trust Funds. State:CA Address: Trina Perez Deputy Director Housing and 290 North D Street Yes Threshold Requirements, §302 §302(b) Applicant or Delegating Local Government has submitted the current or prior year's Annual Progress Report to the Department of Housing and Community Development pursuant to Government Code Section 65400. Yes §300(d) If Applicant answered "Yes" above, has the Applicant attached the legally binding agreement required by §300 (c) and (d)? A sample agreement can be found by double clicking on the icon to the right §302(c)(5) Applicant certified in the Resolution submitted with this application that the Plan submitted is for a term of five years (2019-2023). Local Governments agree to inform the Department of changes made to the Plan in each succeeding year of the term of the Plan.Yes §302(c)(6) Applicant certified in the Resolution submitted with this application that it will ensure compliance with §302(c)(6) if funds are used for the acquisition, construction, or rehabilitation of for-sale housing projects or units within for-sale housing projects. Yes Yes§302(c)(4)(D) Applicant certified in the Resolution submitted with this application that the Plan was authorized and adopted by resolution by the Local Government and that the public had an adequate opportunity to review and comment on its content. §302(c)(7) Applicant certified in the Resolution submitted with this application that it will ensure that the PLHA assistance is in the form of a low-interest, deferred loan to the Sponsor of the Project, if funds are used for the development of an Affordable Rental Housing Development. The loan shall be evidenced through a Promissory Note secured by a Deed of Trust and a Regulatory Agreement shall restrict occupancy and rents in accordance with the Local government-approved underwriting of the Project for a term of at least 55 years. Yes File Name:Reuse Plan Program Income Reuse Plan describing how repaid loans or accrued interest will be used for eligible activities in Section 301. Narrative uploaded to HCD?Yes §302(c)(8) Has Applicant attached a program income reuse plan describing how repaid loans or accrued interest will be reused for eligible activities specified in Section 301? Yes §302(c)(4) Applicant certified in the Resolution submitted with this application that the application include a Plan in accordance with §302(c)(4)? Applicant Delegation Agreement Legally binding agreement between Delegating and Administering Local Governments (sample provided—just click on icon in row 17, column AI) Yes No §301(a)(10) Fiscal incentives made by a county to a city within the county to incentivize approval of one or more affordable housing Projects, or matching funds invested by a county in an affordable housing development Project in a city within the county, provided that the city has made an equal or greater investment in the Project. The county fiscal incentives shall be in the form of a grant or low-interest loan to an affordable housing Project. Matching funds investments by both the county and the city also shall be a grant or low-interest deferred loan to the affordable housing Project. §301(a)(9) Homeownership opportunities, including, but not limited to, down payment assistance. §301(a)(8) Efforts to acquire and rehabilitate foreclosed or vacant homes and apartments. N/A File Name: Pursuant to section 302(c)(4) of the Guidelines, Applicant’s PLHA Plan for 2019-2023 allocations is attached to this resolution, and Applicant certifies compliance with all public notice, comment, and hearing requirements in accordance with the Guidelines. No App1 TIN Application and Adopting the PLHA Plan (2019-2023 Allocations) Reso Included?§301(a) Eligible activities are limited to the following: File Name: Uploaded to HCD?Yes Uploaded to HCD?Yes Yes File Name: Contact Phone: San Bernardino State: 2020 NOFA Allowable Local Admin (5%): Eligible Applicants §300 §300(a) and (b) Eligible Applicants for the Entitlement and Non-Entitlement formula component described in Section §100(b)(1) and (2) are limited to the metropolitan cities and urban counties allocated a grant for the federal fiscal year 2017 pursuant to the federal CDBG formula specified in 42 USC, Section §5306 and Non-entitlement local governments. Applicant: City of San Bernardino County: 909-384-5315 92401 Auth Rep Name:Cassandra Searcy City:San Bernardino CA Zip: Zip Code: 2022 PLHA NOFA Formula Allocation Amount:2022 NOFA Allowable Local Admin (5%): Eligible Applicant Type: Entitlement. Local Government Recipient of PLHA Formula Allocation: 2020 PLHA NOFA Formula Allocation Amount: Zip Code: 909-384-7270 Contact Name: City: Phone: Address: Address: 290 North D Street Contact Email:perez_tr@sbcity.org City: 92401 San BernardinoState: San Bernardino searcy_ca@sbcity.orgAuth Rep. Email: Title:Senior Management Analyst YES YES YES YES YES YES YES YES YES YES PLHA Page 1 Formula Allocation Application Packet Pg. 262 Administration Signature Date Certifications Applicant agrees to adhere to §503, Reporting.Yes Applicant agrees to adhere to §502, Cancellation/Termination. Cassandra Searcy Authorized Representative Printed Name Deputy Director of Housing & Homelessness Title Yes On behalf of the entity identified below, I certify that: The information, statements and attachments included in this application are, to the best of my knowledge and belief, true and correct and I possess the legal authority to submit this application on behalf of the entity identified in the signature block. YesApplicant agrees to adhere to §501, Audits/Monitoring of Project Files. YesApplicant agrees to adhere to §500, Accounting Records. PLHA Page 2 Formula Allocation Application Packet Pg. 263 25 24 23 22 21 20 19 18 17 16 15 14 13 12 11 10 9 8 7 6 5 4 3 2 1 Justification: Issue #Program Name & Tab Section Cell#Update/Comment Urgency ADT Status Status Date Organization:Email:Contact Phone: Application Development Team (ADT) Support Form Rev. 2/16/22 Please complete the "yellow" cells in the form below and email a copy to: AppSupport@hcd.ca.gov. and PLHA@hcd.ca.gov. A member of the Application Development Team will respond to your request within ASAP. Full Name:Date Requested:Application Version Date: PLHA Page 1 Application Support Packet Pg. 264 Packet Pg. 265 Packet Pg. 266 Packet Pg. 267 Packet Pg. 268 Packet Pg. 269 Packet Pg. 270 Packet Pg. 271 Packet Pg. 272 Packet Pg. 273 Packet Pg. 274 Packet Pg. 275 Packet Pg. 276 Packet Pg. 277 Packet Pg. 278 1 4 3 7 CONSENT CALENDAR City of San Bernardino Request for Council Action Date:July 19, 2023 To:Honorable Mayor and City Council Members From:Charles E. McNeely, Interim City Manager; Barbara Whitehorn, Agency Director of Administrative Services Department:Finance Subject:Fiscal Year 2023-24 Special Tax Levies for Previously Formed Community Facilities Districts (Wards 3 and 5) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Adopt Resolution No. 2023-098 of the Mayor and City Council of the City of San Bernardino, California, Levying Special Taxes to be Collected During Fiscal Year 2023-24 to Pay the Annual Cost of Public Safety Services and Administrative Expenses within Community Facilities District No. 2018-1 (Safety Services) of the City of San Bernardino; 2. Adopt Resolution No. 2023-099 of the Mayor and City Council of the City of San Bernardino, California, Levying Special Taxes to be Collected During Fiscal Year 2023-24 to Pay for Facilities or to Pay Principal and Interest on Bonds and Administrative Expenses within Community Facilities District No 2018-2 (Verdemont Ranch) of the City of San Bernardino; 3. Adopt Resolution No. 2023-100 of the Mayor and City Council of the City of San Bernardino, California Levying Special Taxes to be Collected During Fiscal Year 2023- 24 to Pay the Annual Cost of Maintenance Services and Administrative Expenses within Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino; 4. Adopt Resolution No. 2023-101 of the Mayor and City Council of the City of San Bernardino, California, Levying Special Taxes to be Collected During Fiscal Year 2023-24 to Pay for Facilities or to Pay Principal and Interest on Bonds and Packet Pg. 279 1 4 3 7 Administrative Expenses within Community Facilities District No. 2020-1 (Rancho Palma) of the City of San Bernardino; 5. Adopt Resolution No. 2023-102 of the Mayor and City Council of the City of San Bernardino, California, Levying Special Taxes to be Collected During Fiscal Year 2023-24 to pay for Facilities or to Pay Principal and Interest on Bonds and Administrative Expenses within Community Facilities District No. 2021-1 (Ferree Street) of the City of San Bernardino; and 6. Adopt Resolution No. 2023-103 of the Mayor and City Council of the City of San Bernardino, California, Levying Special Taxes to be Collected During Fiscal Year 2023-24 to Pay for Facilities or to Pay Principal and Interest on Bonds and Administrative Expenses within Community Facilities District No. 2022-2 (Palm) of the City of San Bernardino. Background Community Facilities Districts (CFDs) are a type of special tax district formed when property owners within a geographic area agree to impose an additional tax on property in order to fund infrastructure improvements or services in their specific geographic area. The City Council has previously formed Community Facilities District Nos. 2018-1 (Safety Services), 2018-2 (Verdemont Ranch), 2019-1 (Maintenance Services), 2020- 1 (Rancho Palma), 2021-1 (Ferree Street), and 2022-2 (Palm), and adopted ordinances authorizing the levy of special taxes within each Community Facilities District. Discussion The special tax levies upon properties within Community Facilities District Nos. 2018- 2, 2020-1, 2021-1, and 2022-2 provide the revenue to pay the cost of facilities or to pay debt service on bonds which may be issued for those community facilities districts. The special tax levies on properties within Community Facilities District Nos. 2018-1 and 2019-1 provide the revenue to pay the cost of safety services (in the case of Community Facilities District No. 2018-1), and to pay the costs of maintenance services (in the case of Community Facilities’ District No. 2019-1). The amount of the assessments which are proposed to be levied on all parcels of assessable land within each Community Facilities District has been determined pursuant to the Rate and Method of Apportionment of Special Tax for each Community Facilities District. Adoption of the Resolutions are required in order to levy the special taxes in accordance with the requirements of the County of San Bernardino and the State of California. These Resolutions set the maximum FY 2023/24 CFD tax rates, which have been determined pursuant to the Rate and Method of Apportionment of Special Tax for each Community Facilities District. Packet Pg. 280 1 4 3 7 2021-2025 Strategic Targets and Goals This project is consistent with Goal No 3.d. Improved Quality of Life: Improve the City’s appearance, cleanliness, and attractiveness. This project will contribute to ensure that the City is clean and attractive and provide infrastructure designed for long term economic growth. Fiscal Impact There is no General Fund impact associated with this action. The special tax levies upon properties within Community Facilities District Nos. 2018- 2, 2020-1, 2021-1, and 2022-2 provide the revenue to pay the cost of facilities or to pay debt service on bonds which may be issued for those community facilities districts. The special tax levies on properties within Community Facilities District Nos. 2018-1 and 2019-1 provide the revenue to pay the cost of safety services (in the case of Community Facilities District No. 2018-1), and to pay the costs of maintenance services (in the case of Community Facilities District No. 2019-1). Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Adopt Resolution No. 2023-098 of the Mayor and City Council of the City of San Bernardino, California, Levying Special Taxes to be Collected During Fiscal Year 2023- 24 to Pay the Annual Cost of Public Safety Services and Administrative Expenses within Community Facilities District No. 2018-1 (Safety Services) of the City of San Bernardino; 2. Adopt Resolution No. 2023-099 of the Mayor and City Council of the City of San Bernardino, California, Levying Special Taxes to be Collected During Fiscal Year 2023- 24 to Pay for Facilities or to Pay Principal and Interest on Bonds and Administrative Expenses within Community Facilities District No 2018-2 (Verdemont Ranch) of the City of San Bernardino; 3. Adopt Resolution No. 2023-100 of the Mayor and City Council of the City of San Bernardino, California Levying Special Taxes to be Collected During Fiscal Year 2023- 24 to Pay the Annual Cost of Maintenance Services and Administrative Expenses within Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino; 4. Adopt Resolution No. 2023-101 of the Mayor and City Council of the City of San Bernardino, California, Levying Special Taxes to be Collected During Fiscal Year 2023- 24 to Pay for Facilities or to Pay Principal and Interest on Bonds and Administrative Expenses within Community Facilities District No. 2020-1 (Rancho Palma) of the City of San Bernardino; Packet Pg. 281 1 4 3 7 5. Adopt Resolution No. 2023-102 of the Mayor and City Council of the City of San Bernardino, California, Levying Special Taxes to be Collected During Fiscal Year 2023- 24 to pay for Facilities or to Pay Principal and Interest on Bonds and Administrative Expenses within Community Facilities District No. 2021-1 (Ferree Street) of the City of San Bernardino; and 6. Adopt Resolution No. 2023-103 of the Mayor and City Council of the City of San Bernardino, California, Levying Special Taxes to be Collected During Fiscal Year 2023- 24 to Pay for Facilities or to Pay Principal and Interest on Bonds and Administrative Expenses within Community Facilities District No. 2022-2 (Palm) of the City of San Bernardino. Attachments Attachment 1 – Resolution 2023-098 CFD 2018-1 Safety Services Attachment 2 – CFD 2018-1 Exhibit A Attachment 3 – Resolution 2023-099 CFD 2018-2 Verdemont Ranch Attachment 4 – CFD 2018-2 Exhibit A Attachment 5 – Resolution 2023-100 CFD 2019-1 Maintenance Services Attachment 6 – CFD 2019-1 Exhibit A Attachment 7 – Resolution 2023-101 CFD 2020-1 Rancho Palma Attachment 8 – CFD 2020-1 Exhibit A Attachment 9 – Resolution 2023-102 CFD 2021-1 Ferree Street Attachment 10 – CFD-2021-1 Exhibit A Attachment 11 – Resolution 2023-103 CFD 2022-2 Palm Attachment 12 – CFD 2022-2 Exhibit A Ward: Third Ward; Fifth Ward Synopsis of Previous Council Actions: September 19, 2018 Adopted Resolution No. 2018-264 of the Mayor and City Council of the City of San Bernardino, California, establishing Community Facilities District No. 2018-1 of the City of San Bernardino (Safety Services) (CFD 2018-1), and to authorize the levy of a special tax on property within the District to pay the costs of providing public safety services. Packet Pg. 282 1 4 3 7 September 19, 2018 Adopted Resolution No. 2018-266 of the Mayor and City Council of the City of San Bernardino, California, establishing Community Facilities District No. 2018-2 (Verdemont Ranch) (CFD 2018-2) of the City of San Bernardino, authorizing the levy of a special tax to pay the cost of acquiring or constructing certain facilities, and to pay debt service on bonded indebtedness within the proposed CFD No. 2018-2 of the City of San Bernardino. July 17, 2019 Adopted Resolution No. 2019-178 of the Mayor and City Council of the City of San Bernardino, California, establishing Community Facilities District No. 2019-1 (Maintenance Services); calling an election for the purpose of submitting the question of the levy of the proposed special tax to the qualified electors of the proposed Community Facilities District; authorizing the levy of special taxes; and establishing the appropriations limit for the proposed Community Facilities District. August 5, 2020 Adopted Resolution No. 2020-195 of the Mayor and City Council of the City of San Bernardino, California, establishing Community Facilities District No. 2020-1 (Rancho Palma) of the City of San Bernardino, County of San Bernardino, State of California, and the boundaries thereof and approving a Funding and Acquisition Agreement. March 3, 2021 Adopted Resolution No. 2021-42 of the Mayor and City Council of the City of San Bernardino, California, establishing Community Facilities District No. 2021-1 (Ferree Street) of the City of San Bernardino, County of San Bernardino, State of California, and the boundaries thereof and approving a Funding Agreement. Packet Pg. 283 Resolution No. 2023-098 Resolution No. 2023-098 July 19, 2023 Page 1 of 3 2 9 2 4 RESOLUTION NO. 2023-098 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, LEVYING SPECIAL TAXES TO BE COLLECTED DURING FISCAL YEAR 2023-24 TO PAY THE ANNUAL COST OF PUBLIC SAFETY SERVICES AND ADMINISTRATIVE EXPENSES WITHIN COMMUNITY FACILITIES DISTRICT NO. 2018-1 (SAFETY SERVICES) OF THE CITY OF SAN BERNARDINO WHEREAS, it is necessary that the City Council of the City of San Bernardino (the City Council”) levy special taxes pursuant to Section 53340 of the Government Code for the payment of the annual cost of providing public safety services within Community Facilities District No. 2018-1 (Safety Services) of the City of San Bernardino, County of San Bernardino, State of California (the “District”), and for the payment of administrative expenses incurred in connection with the levy and collection of said special taxes; and WHEREAS, pursuant to Section 53340 of the Government Code, the City Council may by resolution provide for the levy of special taxes on parcels of taxable property in the District at a rate provided by ordinance or at a lower rate; and WHEREAS, the City Council has previously levied special taxes on parcels of taxable property in the District by ordinance, including Ordinance No. MC-1506, adopted on October 3, 2018; and WHEREAS, the special taxes will be levied for fiscal year 2023-24 on all parcels in each category of developed property in the District on the same basis and at the same rate to pay the cost of public safety services and for the payment of administrative expenses incurred in connection with the levy and collection of said special taxes; and WHEREAS, the rates of the special taxes that will be levied on such parcels for fiscal year 2023-24 will not exceed the rates of the special taxes that have previously been levied by ordinance; BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. Findings. The City Council finds that the above recitals are true and correct and are incorporated herein by this reference. SECTION 2. Levy of Special Taxes. Special taxes shall be and are hereby levied for the 2023-24 fiscal year on all parcels of real property within the District which are subject to taxation, which are identified in Exhibit “A” attached hereto. Pursuant to Section 53340 of the Government Code, such special taxes shall be collected in the same manner as ordinary ad valorem property taxes are collected and shall be subject to the same penalties and the same procedure, sale, and lien priority in case of delinquency as is provided for ad valorem taxes. Packet Pg. 284 Resolution No. 2023-098 Resolution No. 2023-098 July 19, 2023 Page 2 of 3 2 9 2 4 SECTION 3. CEQA. The Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. SECTION 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. Transmittal to County. The City Clerk shall immediately following adoption of this resolution transmit a copy hereof to the County Auditor of the County of San Bernardino together with a request that the special taxes as levied hereby be collected on the tax bills for the parcels identified in Exhibit “A” hereto, along with the ordinary ad valorem property taxes to be levied on and collected from the owners of said parcels. 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 19th day of July, 2023. ____________________________________ Helen Tran, Mayor City of San Bernardino Attest: __________________________________ Genoveva Rocha, CMC, City Clerk Approved as to form: __________________________________ Sonia R. Carvalho, City Attorney Packet Pg. 285 Resolution No. 2023-098 Resolution No. 2023-098 July 19, 2023 Page 3 of 3 2 9 2 4 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) ss CITY OF SAN BERNARDINO ) I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2023-098 adopted at a regular meeting held on the 19th day of July, 2023 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ REYNOSO _____ _____ _______ _______ CALVIN _____ _____ _______ _______ ALEXANDER _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ____ day of July, 2023. _____________________________ Genoveva Rocha, CMC, City Clerk Packet Pg. 286 APN Amount 0142-325-04 $385.00 0261-761-01 $385.00 0261-761-02 $385.00 0261-761-03 $385.00 0261-761-04 $385.00 0261-761-05 $385.00 0261-761-06 $385.00 0261-761-07 $385.00 0261-761-08 $385.00 0261-761-09 $385.00 0261-761-10 $385.00 0261-761-11 $385.00 0261-761-12 $385.00 0261-761-13 $385.00 0261-761-14 $385.00 0261-761-15 $385.00 0261-761-16 $385.00 0261-761-17 $385.00 0261-761-18 $385.00 0261-761-19 $385.00 0261-761-20 $385.00 0261-761-21 $385.00 0261-761-22 $385.00 0261-761-23 $385.00 0261-761-24 $385.00 0261-761-25 $385.00 0261-761-26 $385.00 0261-761-27 $385.00 0261-761-28 $385.00 0261-761-29 $385.00 0261-761-30 $385.00 0261-761-31 $385.00 0261-761-32 $385.00 0261-761-33 $385.00 0261-761-34 $385.00 0261-761-35 $385.00 0261-761-36 $385.00 0261-761-37 $385.00 0261-761-38 $385.00 0261-761-39 $385.00 Exhibit "A" COMMUNITY FACILITIES DISTRICT NO. 2018-1 (SAFETY SERVICES) SPECIAL TAX LEVY FISCAL YEAR 2023-24 Packet Pg. 287 APN Amount Exhibit "A" COMMUNITY FACILITIES DISTRICT NO. 2018-1 (SAFETY SERVICES) SPECIAL TAX LEVY FISCAL YEAR 2023-24 0261-761-40 $385.00 0261-761-41 $385.00 0261-761-42 $385.00 0261-761-43 $385.00 0261-761-44 $385.00 0261-761-45 $385.00 0261-761-46 $385.00 0261-761-47 $385.00 0261-761-48 $385.00 0261-761-49 $385.00 0261-761-50 $385.00 0261-761-51 $385.00 0261-761-52 $385.00 0261-761-53 $385.00 0261-761-54 $385.00 0261-761-55 $385.00 0261-762-01 $385.00 0261-762-02 $385.00 0261-762-03 $385.00 0261-762-14 $385.00 0261-762-15 $385.00 0261-762-16 $385.00 0261-762-17 $385.00 0261-762-18 $385.00 0261-762-19 $385.00 0261-762-20 $385.00 0261-762-21 $385.00 0261-762-22 $385.00 0261-762-23 $385.00 0261-762-24 $385.00 0261-762-25 $385.00 0261-762-26 $385.00 0261-762-27 $385.00 0261-762-28 $385.00 0261-762-29 $385.00 0261-762-30 $385.00 0261-762-31 $385.00 0261-762-32 $385.00 0261-762-33 $385.00 0261-762-34 $385.00 Packet Pg. 288 APN Amount Exhibit "A" COMMUNITY FACILITIES DISTRICT NO. 2018-1 (SAFETY SERVICES) SPECIAL TAX LEVY FISCAL YEAR 2023-24 0261-762-35 $385.00 0261-762-36 $385.00 0261-762-37 $385.00 0261-762-38 $385.00 0261-762-39 $385.00 0261-762-40 $385.00 0261-762-41 $385.00 0261-762-42 $385.00 0261-762-43 $385.00 0261-762-44 $385.00 0261-762-45 $385.00 0261-762-46 $385.00 0261-762-47 $385.00 0261-762-48 $385.00 0261-762-49 $385.00 0261-762-50 $385.00 0261-762-51 $385.00 0261-762-52 $385.00 0261-762-53 $385.00 0261-762-54 $385.00 0261-762-55 $385.00 0261-762-56 $385.00 0261-762-57 $385.00 0261-762-58 $385.00 0261-762-59 $385.00 0261-762-60 $385.00 0261-762-61 $385.00 0261-762-62 $385.00 0261-762-63 $385.00 0261-762-64 $385.00 0261-771-01 $385.00 0261-771-02 $385.00 0261-771-03 $385.00 0261-771-04 $385.00 0261-771-05 $385.00 0261-771-06 $385.00 0261-771-07 $385.00 0261-771-08 $385.00 0261-771-09 $385.00 0261-771-10 $385.00 Packet Pg. 289 APN Amount Exhibit "A" COMMUNITY FACILITIES DISTRICT NO. 2018-1 (SAFETY SERVICES) SPECIAL TAX LEVY FISCAL YEAR 2023-24 0261-771-11 $385.00 0261-771-12 $385.00 0261-771-13 $385.00 0261-771-14 $385.00 0261-771-15 $385.00 0261-771-16 $385.00 0261-771-17 $385.00 0261-771-18 $385.00 0261-771-19 $385.00 0261-771-20 $385.00 0261-771-21 $385.00 0261-771-22 $385.00 0261-771-23 $385.00 0261-771-24 $385.00 0261-771-25 $385.00 0261-771-26 $385.00 0261-771-27 $385.00 0261-771-28 $385.00 0261-781-01 $385.00 0261-781-02 $385.00 0261-781-03 $385.00 0261-781-04 $385.00 0261-781-05 $385.00 0261-781-06 $385.00 0261-781-07 $385.00 0261-781-08 $385.00 0261-781-09 $385.00 0261-781-10 $385.00 0261-781-11 $385.00 0261-781-12 $385.00 0261-781-13 $385.00 0261-781-14 $385.00 0261-781-15 $385.00 0261-781-16 $385.00 0261-781-17 $385.00 0261-781-18 $385.00 0261-781-19 $385.00 0261-781-20 $385.00 0261-781-21 $385.00 0261-781-22 $385.00 Packet Pg. 290 APN Amount Exhibit "A" COMMUNITY FACILITIES DISTRICT NO. 2018-1 (SAFETY SERVICES) SPECIAL TAX LEVY FISCAL YEAR 2023-24 0261-781-23 $385.00 0261-781-24 $385.00 0261-781-25 $385.00 0261-781-26 $385.00 0261-781-27 $385.00 0261-781-28 $385.00 0261-781-29 $385.00 0261-791-01 $385.00 0261-791-02 $385.00 0261-791-03 $385.00 0261-791-04 $385.00 0261-791-05 $385.00 0261-791-06 $385.00 0261-791-07 $385.00 0261-791-08 $385.00 0261-791-09 $385.00 0261-791-10 $385.00 0261-791-11 $385.00 0261-791-12 $385.00 0261-791-13 $385.00 0261-791-14 $385.00 0261-791-15 $385.00 0261-791-16 $385.00 0261-791-17 $385.00 0281-172-27 $385.00 0281-172-28 $385.00 0281-172-29 $385.00 0281-172-30 $385.00 0281-172-31 $385.00 0281-441-01 $385.00 0281-441-02 $385.00 0281-441-03 $385.00 0281-441-04 $385.00 0281-441-05 $385.00 0281-441-06 $385.00 0281-441-07 $385.00 0281-441-08 $385.00 0281-441-09 $385.00 0281-441-10 $385.00 0281-441-11 $385.00 Packet Pg. 291 APN Amount Exhibit "A" COMMUNITY FACILITIES DISTRICT NO. 2018-1 (SAFETY SERVICES) SPECIAL TAX LEVY FISCAL YEAR 2023-24 0281-441-12 $385.00 0281-441-13 $385.00 0281-441-14 $385.00 0281-441-15 $385.00 0281-441-16 $385.00 0281-441-17 $385.00 0281-441-18 $385.00 0281-441-19 $385.00 0281-441-20 $385.00 0281-441-21 $385.00 0281-441-22 $385.00 0281-441-23 $385.00 0281-441-24 $385.00 0281-441-25 $385.00 0281-441-26 $385.00 0281-441-27 $385.00 0281-441-28 $385.00 0281-441-29 $385.00 0281-441-30 $385.00 0281-441-31 $385.00 0281-441-32 $385.00 0281-441-33 $385.00 0281-441-34 $385.00 0281-441-35 $385.00 0281-441-36 $385.00 0281-441-37 $385.00 0281-441-38 $385.00 0281-441-39 $385.00 0281-441-40 $385.00 0281-441-41 $385.00 0281-441-42 $385.00 0281-441-43 $385.00 0281-441-44 $385.00 0281-441-45 $385.00 0281-441-46 $385.00 0281-441-47 $385.00 0281-441-48 $385.00 0281-441-49 $385.00 0281-441-50 $385.00 0281-441-51 $385.00 Packet Pg. 292 APN Amount Exhibit "A" COMMUNITY FACILITIES DISTRICT NO. 2018-1 (SAFETY SERVICES) SPECIAL TAX LEVY FISCAL YEAR 2023-24 0281-441-52 $385.00 0281-441-53 $385.00 0281-441-54 $385.00 0281-442-01 $385.00 0281-442-02 $385.00 0281-442-03 $385.00 0281-442-04 $385.00 0281-442-05 $385.00 0281-442-06 $385.00 0281-442-07 $385.00 0281-442-08 $385.00 0281-442-09 $385.00 0281-442-10 $385.00 0281-442-11 $385.00 0281-442-12 $385.00 0281-442-13 $385.00 0281-442-14 $385.00 0281-442-15 $385.00 0281-442-16 $385.00 0281-442-17 $385.00 0281-442-18 $385.00 0281-442-19 $385.00 0281-442-20 $385.00 0281-442-21 $385.00 0281-442-22 $385.00 0281-442-23 $385.00 0281-442-24 $385.00 0281-442-25 $385.00 0281-442-26 $385.00 0281-442-27 $385.00 0281-442-28 $385.00 0281-442-29 $385.00 0281-442-30 $385.00 0281-442-31 $385.00 0281-442-32 $385.00 0281-442-33 $385.00 0281-442-34 $385.00 0281-442-35 $385.00 0281-442-36 $385.00 0281-442-37 $385.00 Packet Pg. 293 APN Amount Exhibit "A" COMMUNITY FACILITIES DISTRICT NO. 2018-1 (SAFETY SERVICES) SPECIAL TAX LEVY FISCAL YEAR 2023-24 0281-442-38 $385.00 0281-442-39 $385.00 0281-442-40 $385.00 0281-442-41 $385.00 0281-442-42 $385.00 Packet Pg. 294 Resolution No. 2023-099 Resolution No. 2023-099 July 19, 2023 Page 1 of 3 RESOLUTION NO. 2023-099 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, LEVYING SPECIAL TAXES TO BE COLLECTED DURING FISCAL YEAR 2023-24 TO PAY FOR FACILITIES OR TO PAY PRINCIPAL AND INTEREST ON BONDS AND ADMINISTRATIVE EXPENSES WITHIN COMMUNITY FACILITIES DISTRICT NO. 2018-2 (VERDEMONT RANCH) OF THE CITY OF SAN BERNARDINO WHEREAS, it is necessary that the City Council of the City of San Bernardino (the City Council”) levy special taxes pursuant to Section 53340 of the Government Code for the payment of facilities or to pay principal of and interest on bonds within Community Facilities District No. 2018-2 (Verdemont Ranch) of the City of San Bernardino, County of San Bernardino, State of California (the “District”), and for the payment of administrative expenses incurred in connection with the levy and collection of said special taxes; and WHEREAS, pursuant to Section 53340 of the Government Code, the City Council may by resolution provide for the levy of special taxes on parcels of taxable property in the District at a rate provided by ordinance or at a lower rate; and WHEREAS, the City Council has previously levied special taxes on parcels of taxable property in the District by ordinance, including Ordinance No. MC-1507, adopted on October 3, 2018; and WHEREAS, the special taxes will be levied for fiscal year 2023-24 on all parcels in each category of developed property in the District on the same basis and at the same rate to pay for facilities or to pay principal and interest on bonds and for the payment of administrative expenses incurred in connection with the levy and collection of said special taxes; and WHEREAS, the rates of the special taxes that will be levied on such parcels for fiscal year 2023-24 will not exceed the rates of the special taxes that have previously been levied by ordinance; BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. Findings. The City Council finds that the above recitals are true and correct and are incorporated herein by this reference. SECTION 2. Levy of Special Taxes. Special taxes shall be and are hereby levied for the 2023-24 fiscal year on all parcels of real property within the District which are subject to taxation, which are identified in Exhibit “A” attached hereto. Pursuant to Section 53340 of the Government Code, such special taxes shall be collected in the same manner as ordinary ad valorem property taxes are collected and shall be subject to the same penalties and the same procedure, sale, and lien priority in case of delinquency as is provided for ad valorem taxes. Packet Pg. 295 Resolution No. 2023-099 Resolution No. 2023-099 July 19, 2023 Page 2 of 3 SECTION 3. CEQA. The Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. SECTION 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. Transmittal to County. The City Clerk shall immediately following adoption of this resolution transmit a copy hereof to the County Auditor of the County of San Bernardino together with a request that the special taxes as levied hereby be collected on the tax bills for the parcels identified in Exhibit “A” hereto, along with the ordinary ad valorem property taxes to be levied on and collected from the owners of said parcels. 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 19th day of July, 2023. ____________________________________ Helen Tran, Mayor City of San Bernardino Attest: __________________________________ Genoveva Rocha, CMC, City Clerk Approved as to form: __________________________________ Sonia R. Carvalho, City Attorney Packet Pg. 296 Resolution No. 2023-099 Resolution No. 2023-099 July 19, 2023 Page 3 of 3 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) ss CITY OF SAN BERNARDINO ) I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2023-099 adopted at a regular meeting held on the 19th day of July, 2023 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ REYNOSO _____ _____ _______ _______ CALVIN _____ _____ _______ _______ ALEXANDER _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ____ day of July, 2023. _____________________________ Genoveva Rocha, CMC, City Clerk Packet Pg. 297 APN Amount 0261-771-01 $2,891.82 0261-771-02 $2,817.94 0261-771-03 $2,891.82 0261-771-04 $2,817.94 0261-771-05 $2,891.82 0261-771-06 $2,817.94 0261-771-07 $3,009.42 0261-771-08 $2,817.94 0261-771-09 $2,891.82 0261-771-10 $2,671.22 0261-771-11 $2,891.82 0261-771-12 $2,817.94 0261-771-13 $2,891.82 0261-771-14 $2,671.22 0261-771-15 $3,009.42 0261-771-16 $2,671.22 0261-771-17 $2,891.82 0261-771-18 $2,817.94 0261-771-19 $2,817.94 0261-771-20 $2,891.82 0261-771-21 $2,891.82 0261-771-22 $2,817.94 0261-771-23 $2,891.82 0261-771-24 $2,671.22 0261-771-25 $2,891.82 0261-771-26 $2,817.94 0261-771-27 $2,817.94 0261-771-28 $2,671.22 0261-781-01 $2,817.94 0261-781-02 $3,009.42 0261-781-03 $2,891.82 0261-781-04 $2,891.82 0261-781-05 $2,817.94 0261-781-06 $2,817.94 0261-781-07 $2,891.82 Exhibit "A" COMMUNITY FACILITIES DISTRICT NO. 2018-2 (VERDEMONT RANCH) SPECIAL TAX LEVY FISCAL YEAR 2023-24 Packet Pg. 298 APN Amount Exhibit "A" COMMUNITY FACILITIES DISTRICT NO. 2018-2 (VERDEMONT RANCH) SPECIAL TAX LEVY FISCAL YEAR 2023-24 0261-781-08 $2,891.82 0261-781-09 $2,817.94 0261-781-10 $2,891.82 0261-781-11 $2,817.94 0261-781-12 $2,891.82 0261-781-13 $3,009.42 0261-781-14 $2,817.94 0261-781-15 $2,817.94 0261-781-16 $2,817.94 0261-781-17 $2,671.22 0261-781-18 $2,891.82 0261-781-19 $3,009.42 0261-781-20 $2,671.22 0261-781-21 $2,817.94 0261-781-22 $2,891.82 0261-781-23 $3,009.42 0261-781-24 $2,891.82 0261-781-25 $2,817.94 0261-781-26 $2,891.82 0261-781-27 $3,009.42 0261-781-28 $2,817.94 0261-781-29 $2,817.94 0261-791-01 $2,671.22 0261-791-02 $2,817.94 0261-791-03 $2,817.94 0261-791-04 $2,817.94 0261-791-05 $2,891.82 0261-791-06 $3,009.42 0261-791-07 $2,817.94 0261-791-08 $2,891.82 0261-791-09 $2,817.94 0261-791-10 $2,891.82 0261-791-11 $2,891.82 0261-791-12 $2,817.94 0261-791-13 $2,891.82 Packet Pg. 299 APN Amount Exhibit "A" COMMUNITY FACILITIES DISTRICT NO. 2018-2 (VERDEMONT RANCH) SPECIAL TAX LEVY FISCAL YEAR 2023-24 0261-791-14 $2,817.94 0261-791-15 $2,891.82 0261-791-16 $2,817.94 0261-791-17 $2,891.82 Packet Pg. 300 Resolution No. 2023-100 Resolution No. 2023-100 July 19, 2023 Page 1 of 3 2 9 2 8 RESOLUTION NO. 2023-100 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, LEVYING SPECIAL TAXES TO BE COLLECTED DURING FISCAL YEAR 2023-24 TO PAY THE ANNUAL COST OF MAINTENANCE SERVICES AND ADMINISTRATIVE EXPENSES WITHIN COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) OF THE CITY OF SAN BERNARDINO WHEREAS, it is necessary that the City Council of the City of San Bernardino (the City Council”) levy special taxes pursuant to Section 53340 of the Government Code for the payment of the annual cost of providing maintenance services within Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino, County of San Bernardino, State of California (the “District”), and for the payment of administrative expenses incurred in connection with the levy and collection of said special taxes; and WHEREAS, pursuant to Section 53340 of the Government Code, the City Council may by resolution provide for the levy of special taxes on parcels of taxable property in the District at a rate provided by ordinance or at a lower rate; and WHEREAS, the City Council has previously levied special taxes on parcels of taxable property in the District by ordinance, including Ordinance No. MC-1522, adopted on July 17, 2019; and WHEREAS, the special taxes will be levied for fiscal year 2023-24 on all parcels in each category of developed property in the District on the same basis and at the same rate to pay the cost of maintenance services and for the payment of administrative expenses incurred in connection with the levy and collection of said special taxes; and WHEREAS, the rates of the special taxes that will be levied on such parcels for fiscal year 2023-24 will not exceed the rates of the special taxes that have previously been levied by ordinance; BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. Findings. The City Council finds that the above recitals are true and correct and are incorporated herein by this reference. SECTION 2. Levy of Special Taxes. Special taxes shall be and are hereby levied for the 2023-24 fiscal year on all parcels of real property within the District which are subject to taxation, which are identified in Exhibit “A” attached hereto. Pursuant to Section 53340 of the Government Code, such special taxes shall be collected in the same manner as ordinary ad valorem property taxes are collected and shall be subject to the same penalties and the same procedure, sale, and lien priority in case of delinquency as is provided for ad valorem taxes. Packet Pg. 301 Resolution No. 2023-100 Resolution No. 2023-100 July 19, 2023 Page 2 of 3 2 9 2 8 SECTION 3. CEQA. The Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. SECTION 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. Transmittal to County. The City Clerk shall immediately following adoption of this resolution transmit a copy hereof to the County Auditor of the County of San Bernardino together with a request that the special taxes as levied hereby be collected on the tax bills for the parcels identified in Exhibit “A” hereto, along with the ordinary ad valorem property taxes to be levied on and collected from the owners of said parcels. 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 19th day of July, 2023. ____________________________________ Helen Tran, Mayor City of San Bernardino Attest: __________________________________ Genoveva Rocha, CMC, City Clerk Approved as to form: __________________________________ Sonia R. Carvalho, City Attorney Packet Pg. 302 Resolution No. 2023-100 Resolution No. 2023-100 July 19, 2023 Page 3 of 3 2 9 2 8 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) ss CITY OF SAN BERNARDINO ) I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2023-100 adopted at a regular meeting held on the 19th day of July, 2023 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ REYNOSO _____ _____ _______ _______ CALVIN _____ _____ _______ _______ ALEXANDER _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ____ day of July, 2023. ____________________________ Genoveva Rocha, CMC, City Clerk Packet Pg. 303 APN Amount 0142-811-01 $1,167.96 0142-811-02 $1,167.96 0142-811-03 $1,167.96 0142-811-04 $1,167.96 0142-811-05 $1,167.96 0142-811-06 $1,167.96 0142-811-07 $1,167.96 0142-811-08 $1,167.96 0142-811-09 $1,167.96 0142-811-10 $1,167.96 0142-811-11 $1,167.96 0142-811-12 $1,167.96 0142-811-13 $1,167.96 APN Amount 0261-771-01 $574.86 0261-771-02 $574.86 0261-771-03 $574.86 0261-771-04 $574.86 0261-771-05 $574.86 0261-771-06 $574.86 0261-771-07 $574.86 0261-771-08 $574.86 0261-771-09 $574.86 0261-771-10 $574.86 0261-771-11 $574.86 0261-771-12 $574.86 0261-771-13 $574.86 0261-771-14 $574.86 0261-771-15 $574.86 0261-771-16 $574.86 0261-771-17 $574.86 0261-771-18 $574.86 Exhibit "A" COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) SPECIAL TAX LEVY FISCAL YEAR 2023-24 Tax Zone 1 Tax Zone 2 Packet Pg. 304 Exhibit "A" COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) SPECIAL TAX LEVY FISCAL YEAR 2023-24 APN Amount 0261-771-19 $574.86 0261-771-20 $574.86 0261-771-21 $574.86 0261-771-22 $574.86 0261-771-23 $574.86 0261-771-24 $574.86 0261-771-25 $574.86 0261-771-26 $574.86 0261-771-27 $574.86 0261-771-28 $574.86 0261-781-01 $574.86 0261-781-02 $574.86 0261-781-03 $574.86 0261-781-04 $574.86 0261-781-05 $574.86 0261-781-06 $574.86 0261-781-07 $574.86 0261-781-08 $574.86 0261-781-09 $574.86 0261-781-10 $574.86 0261-781-11 $574.86 0261-781-12 $574.86 0261-781-13 $574.86 0261-781-14 $574.86 0261-781-15 $574.86 0261-781-16 $574.86 0261-781-17 $574.86 0261-781-18 $574.86 0261-781-19 $574.86 0261-781-20 $574.86 0261-781-21 $574.86 0261-781-22 $574.86 0261-781-23 $574.86 0261-781-24 $574.86 0261-781-25 $574.86 Packet Pg. 305 Exhibit "A" COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) SPECIAL TAX LEVY FISCAL YEAR 2023-24 APN Amount 0261-781-26 $574.86 0261-781-27 $574.86 0261-781-28 $574.86 0261-781-29 $574.86 0261-791-01 $574.86 0261-791-02 $574.86 0261-791-03 $574.86 0261-791-04 $574.86 0261-791-05 $574.86 0261-791-06 $574.86 0261-791-07 $574.86 0261-791-08 $574.86 0261-791-09 $574.86 0261-791-10 $574.86 0261-791-11 $574.86 0261-791-12 $574.86 0261-791-13 $574.86 0261-791-14 $574.86 0261-791-15 $574.86 0261-791-16 $574.86 0261-791-17 $574.86 APN Amount 0141-431-24 $40,258.00 APN Amount 0266-041-39 $3,451.64 APN Amount 0261-761-01 $409.88 0261-761-02 $409.88 0261-761-03 $409.88 Tax Zone 3 Tax Zone 4 Tax Zone 5 Packet Pg. 306 Exhibit "A" COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) SPECIAL TAX LEVY FISCAL YEAR 2023-24 APN Amount 0261-761-04 $409.88 0261-761-05 $409.88 0261-761-06 $409.88 0261-761-07 $409.88 0261-761-08 $409.88 0261-761-09 $409.88 0261-761-10 $409.88 0261-761-11 $409.88 0261-761-12 $409.88 0261-761-13 $409.88 0261-761-14 $409.88 0261-761-15 $409.88 0261-761-16 $409.88 0261-761-17 $409.88 0261-761-18 $409.88 0261-761-19 $409.88 0261-761-20 $409.88 0261-761-21 $409.88 0261-761-22 $409.88 0261-761-23 $409.88 0261-761-24 $409.88 0261-761-25 $409.88 0261-761-26 $409.88 0261-761-27 $409.88 0261-761-28 $409.88 0261-761-29 $409.88 0261-761-30 $409.88 0261-761-31 $409.88 0261-761-32 $409.88 0261-761-33 $409.88 0261-761-34 $409.88 0261-761-35 $409.88 0261-761-36 $409.88 0261-761-37 $409.88 0261-761-38 $409.88 Packet Pg. 307 Exhibit "A" COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) SPECIAL TAX LEVY FISCAL YEAR 2023-24 APN Amount 0261-761-39 $409.88 0261-761-40 $409.88 0261-761-41 $409.88 0261-761-42 $409.88 0261-761-43 $409.88 0261-761-44 $409.88 0261-761-45 $409.88 0261-761-46 $409.88 0261-761-47 $409.88 0261-761-48 $409.88 0261-761-49 $409.88 0261-761-50 $409.88 0261-761-51 $409.88 0261-761-52 $409.88 0261-761-53 $409.88 0261-761-54 $409.88 0261-761-55 $409.88 0261-762-01 $409.88 0261-762-02 $409.88 0261-762-03 $409.88 0261-762-14 $409.88 0261-762-15 $409.88 0261-762-16 $409.88 0261-762-17 $409.88 0261-762-18 $409.88 0261-762-19 $409.88 0261-762-20 $409.88 0261-762-21 $409.88 0261-762-22 $409.88 0261-762-23 $409.88 0261-762-24 $409.88 0261-762-25 $409.88 0261-762-26 $409.88 0261-762-27 $409.88 0261-762-28 $409.88 Packet Pg. 308 Exhibit "A" COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) SPECIAL TAX LEVY FISCAL YEAR 2023-24 APN Amount 0261-762-29 $409.88 0261-762-30 $409.88 0261-762-31 $409.88 0261-762-32 $409.88 0261-762-33 $409.88 0261-762-34 $409.88 0261-762-35 $409.88 0261-762-36 $409.88 0261-762-37 $409.88 0261-762-38 $409.88 0261-762-39 $409.88 0261-762-40 $409.88 0261-762-41 $409.88 0261-762-42 $409.88 0261-762-43 $409.88 0261-762-44 $409.88 0261-762-45 $409.88 0261-762-46 $409.88 0261-762-47 $409.88 0261-762-48 $409.88 0261-762-49 $409.88 0261-762-50 $409.88 0261-762-51 $409.88 0261-762-52 $409.88 0261-762-53 $409.88 0261-762-54 $409.88 0261-762-55 $409.88 0261-762-56 $409.88 0261-762-57 $409.88 0261-762-58 $409.88 0261-762-59 $409.88 0261-762-60 $409.88 0261-762-61 $409.88 0261-762-62 $409.88 0261-762-63 $409.88 0261-762-64 $409.88 Packet Pg. 309 Exhibit "A" COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) SPECIAL TAX LEVY FISCAL YEAR 2023-24 APN Amount 0261-182-41 $16,754.10 APN Amount 0147-114-20 $3,609.62 0147-114-21 $2,713.88 APN Amount 0281-441-01 $223.20 0281-441-02 $223.20 0281-441-03 $223.20 0281-441-04 $223.20 0281-441-05 $223.20 0281-441-06 $223.20 0281-441-07 $223.20 0281-441-08 $223.20 0281-441-09 $223.20 0281-441-10 $223.20 0281-441-11 $223.20 0281-441-12 $223.20 0281-441-13 $223.20 0281-441-14 $223.20 0281-441-15 $223.20 0281-441-16 $223.20 0281-441-17 $223.20 0281-441-18 $223.20 0281-441-19 $223.20 0281-441-20 $223.20 0281-441-21 $223.20 0281-441-22 $223.20 0281-441-23 $223.20 0281-441-24 $223.20 Tax Zone 6 Tax Zone 7 Tax Zone 8 Packet Pg. 310 Exhibit "A" COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) SPECIAL TAX LEVY FISCAL YEAR 2023-24 APN Amount 0281-441-25 $223.20 0281-441-26 $223.20 0281-441-27 $223.20 0281-441-28 $223.20 0281-441-29 $223.20 0281-441-30 $223.20 0281-441-31 $223.20 0281-441-32 $223.20 0281-441-33 $223.20 0281-441-34 $223.20 0281-441-35 $223.20 0281-441-36 $223.20 0281-441-37 $223.20 0281-441-38 $223.20 0281-441-39 $223.20 0281-441-40 $223.20 0281-441-41 $223.20 0281-441-42 $223.20 0281-441-43 $223.20 0281-441-44 $223.20 0281-441-45 $223.20 0281-441-46 $223.20 0281-441-47 $223.20 0281-441-48 $223.20 0281-441-49 $223.20 0281-441-50 $223.20 0281-441-51 $223.20 0281-441-52 $223.20 0281-441-53 $223.20 0281-441-54 $223.20 0281-442-01 $223.20 0281-442-02 $223.20 0281-442-03 $223.20 0281-442-04 $223.20 0281-442-05 $223.20 0281-442-06 $223.20 Packet Pg. 311 Exhibit "A" COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) SPECIAL TAX LEVY FISCAL YEAR 2023-24 APN Amount 0281-442-07 $223.20 0281-442-08 $223.20 0281-442-09 $223.20 0281-442-10 $223.20 0281-442-11 $223.20 0281-442-12 $223.20 0281-442-13 $223.20 0281-442-14 $223.20 0281-442-15 $223.20 0281-442-16 $223.20 0281-442-17 $223.20 0281-442-18 $223.20 0281-442-19 $223.20 0281-442-20 $223.20 0281-442-21 $223.20 0281-442-22 $223.20 0281-442-23 $223.20 0281-442-24 $223.20 0281-442-25 $223.20 0281-442-26 $223.20 0281-442-27 $223.20 0281-442-28 $223.20 0281-442-29 $223.20 0281-442-30 $223.20 0281-442-31 $223.20 0281-442-32 $223.20 0281-442-33 $223.20 0281-442-34 $223.20 0281-442-35 $223.20 0281-442-36 $223.20 0281-442-37 $223.20 0281-442-38 $223.20 0281-442-39 $223.20 0281-442-40 $223.20 0281-442-41 $223.20 0281-442-42 $223.20 Packet Pg. 312 Exhibit "A" COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) SPECIAL TAX LEVY FISCAL YEAR 2023-24 APN Amount 0148-122-04 $12,631.10 APN Amount 0280-151-29 $11,355.84 APN Amount 1192-311-01 $5,589.04 APN Amount 0274-011-47 $2,291.40 APN Amount 0281-061-35 $1,184.16 APN Amount 0141-282-25 $5,503.94 APN Amount 0142-325-04 $614.80 APN Amount 0154-242-50 $2,054.70 APN Amount 0136-371-44 $23,423.86 Tax Zone 22 Tax Zone 12 Tax Zone 13 Tax Zone 14 Tax Zone 19 Tax Zone 20 Tax Zone 11 Tax Zone 9 Tax Zone 10 Packet Pg. 313 Exhibit "A" COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) SPECIAL TAX LEVY FISCAL YEAR 2023-24 APN Amount 0136-371-44 $1,246.94 APN Amount 0261-182-43 $1,747.20 APN Amount 0142-211-29 $4,755.36 Tax Zone 24 Tax Zone 31 Tax Zone 32 Packet Pg. 314 Resolution No. 2023-101 Resolution No. 2023-101 July 19, 2023 Page 1 of 3 RESOLUTION NO. 2023-101 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, LEVYING SPECIAL TAXES TO BE COLLECTED DURING FISCAL YEAR 2023-24 TO PAY FOR FACILITIES OR TO PAY PRINCIPAL AND INTEREST ON BONDS AND ADMINISTRATIVE EXPENSES WITHIN COMMUNITY FACILITIES DISTRICT NO. 2020-1 (RANCHO PALMA) OF THE CITY OF SAN BERNARDINO WHEREAS, it is necessary that the City Council of the City of San Bernardino (the City Council”) levy special taxes pursuant to Section 53340 of the Government Code for the payment of facilities or to pay principal of and interest on bonds within Community Facilities District No. 2020-1(Rancho Palma) of the City of San Bernardino, County of San Bernardino, State of California (the “District”), and for the payment of administrative expenses incurred in connection with the levy and collection of said special taxes; and WHEREAS, pursuant to Section 53340 of the Government Code, the City Council may by resolution provide for the levy of special taxes on parcels of taxable property in the District at a rate provided by ordinance or at a lower rate; and WHEREAS, the City Council has previously levied special taxes on parcels of taxable property in the District by ordinance, including Ordinance No. MC-1540, adopted on August 19, 2020; and WHEREAS, the special taxes will be levied for fiscal year 2023-24 on all parcels in each category of developed property in the District on the same basis and at the same rate to pay for facilities or to pay principal and interest on bonds and for the payment of administrative expenses incurred in connection with the levy and collection of said special taxes; and WHEREAS, the rates of the special taxes that will be levied on such parcels for fiscal year 2023-24 will not exceed the rates of the special taxes that have previously been levied by ordinance; BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. Findings. The City Council finds that the above recitals are true and correct and are incorporated herein by this reference. SECTION 2. Levy of Special Taxes. Special taxes shall be and are hereby levied for the 2023-24 fiscal year on all parcels of real property within the District which are subject to taxation, which are identified in Exhibit “A” attached hereto. Pursuant to Section 53340 of the Government Code, such special taxes shall be collected in the same manner as ordinary ad valorem property taxes are collected and shall be subject to the same penalties and the same procedure, sale, and lien priority in case of delinquency as is provided for ad valorem taxes. Packet Pg. 315 Resolution No. 2023-101 Resolution No. 2023-101 July 19, 2023 Page 2 of 3 SECTION 3. CEQA. The Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. SECTION 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. Transmittal to County. The City Clerk shall immediately following adoption of this resolution transmit a copy hereof to the County Auditor of the County of San Bernardino together with a request that the special taxes as levied hereby be collected on the tax bills for the parcels identified in Exhibit “A” hereto, along with the ordinary ad valorem property taxes to be levied on and collected from the owners of said parcels. 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 19th day of July, 2023. ____________________________________ Helen Tran, Mayor City of San Bernardino Attest: __________________________________ Genoveva Rocha, CMC, City Clerk Approved as to form: __________________________________ Sonia R. Carvalho, City Attorney Packet Pg. 316 Resolution No. 2023-101 Resolution No. 2023-101 July 19, 2023 Page 3 of 3 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) ss CITY OF SAN BERNARDINO ) I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2023-101 adopted at a regular meeting held on the 19th day of July, 2023 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ REYNOSO _____ _____ _______ _______ CALVIN _____ _____ _______ _______ ALEXANDER _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ____ day of July, 2023. _____________________________ Genoveva Rocha, CMC, City Clerk Packet Pg. 317 APN Amount 0261-761-01 $2,420.00 0261-761-02 $2,185.00 0261-761-03 $2,525.00 0261-761-04 $2,185.00 0261-761-05 $2,420.00 0261-761-06 $2,525.00 0261-761-07 $2,525.00 0261-761-08 $2,185.00 0261-761-09 $2,420.00 0261-761-10 $2,525.00 0261-761-11 $2,420.00 0261-761-12 $2,185.00 0261-761-13 $2,525.00 0261-761-14 $2,420.00 0261-761-15 $2,525.00 0261-761-16 $2,185.00 0261-761-17 $2,420.00 0261-761-18 $2,525.00 0261-761-19 $2,185.00 0261-761-20 $2,420.00 0261-761-21 $2,420.00 0261-761-22 $2,185.00 0261-761-23 $2,525.00 0261-761-24 $2,420.00 0261-761-25 $2,185.00 0261-761-26 $2,525.00 0261-761-27 $2,525.00 0261-761-28 $2,185.00 0261-761-29 $2,420.00 0261-761-30 $2,525.00 0261-761-31 $2,185.00 0261-761-32 $2,420.00 0261-761-33 $2,525.00 0261-761-34 $2,420.00 0261-761-35 $2,185.00 Exhibit "A" COMMUNITY FACILITIES DISTRICT NO. 2020-1 (RANCHO PALMA) SPECIAL TAX LEVY FISCAL YEAR 2023-24 Packet Pg. 318 APN Amount Exhibit "A" COMMUNITY FACILITIES DISTRICT NO. 2020-1 (RANCHO PALMA) SPECIAL TAX LEVY FISCAL YEAR 2023-24 0261-761-36 $2,420.00 0261-761-37 $2,525.00 0261-761-38 $2,525.00 0261-761-39 $2,185.00 0261-761-40 $2,420.00 0261-761-41 $2,525.00 0261-761-42 $2,420.00 0261-761-43 $2,420.00 0261-761-44 $2,185.00 0261-761-45 $2,525.00 0261-761-46 $2,185.00 0261-761-47 $2,420.00 0261-761-48 $2,525.00 0261-761-49 $2,420.00 0261-761-50 $2,525.00 0261-761-51 $2,185.00 0261-761-52 $2,525.00 0261-761-53 $2,185.00 0261-761-54 $2,525.00 0261-761-55 $2,420.00 0261-762-01 $2,185.00 0261-762-02 $2,080.00 0261-762-03 $1,880.00 0261-762-14 $2,185.00 0261-762-15 $1,880.00 0261-762-16 $2,080.00 0261-762-17 $2,185.00 0261-762-18 $2,080.00 0261-762-19 $1,880.00 0261-762-20 $2,185.00 0261-762-21 $1,880.00 0261-762-22 $2,080.00 0261-762-23 $2,185.00 0261-762-24 $1,880.00 0261-762-25 $2,185.00 Packet Pg. 319 APN Amount Exhibit "A" COMMUNITY FACILITIES DISTRICT NO. 2020-1 (RANCHO PALMA) SPECIAL TAX LEVY FISCAL YEAR 2023-24 0261-762-26 $2,080.00 0261-762-27 $1,880.00 0261-762-28 $2,185.00 0261-762-29 $2,080.00 0261-762-30 $1,880.00 0261-762-31 $2,080.00 0261-762-32 $2,185.00 0261-762-33 $2,185.00 0261-762-34 $2,080.00 0261-762-35 $1,880.00 0261-762-36 $2,185.00 0261-762-37 $1,880.00 0261-762-38 $2,080.00 0261-762-39 $2,185.00 0261-762-40 $1,880.00 0261-762-41 $2,185.00 0261-762-42 $2,080.00 0261-762-43 $2,080.00 0261-762-44 $1,880.00 0261-762-45 $2,185.00 0261-762-46 $2,080.00 0261-762-47 $1,880.00 0261-762-48 $2,080.00 0261-762-49 $2,185.00 0261-762-50 $2,080.00 0261-762-51 $2,185.00 0261-762-52 $1,880.00 0261-762-53 $2,080.00 0261-762-54 $2,185.00 0261-762-55 $2,080.00 0261-762-56 $1,880.00 0261-762-57 $2,185.00 0261-762-58 $1,880.00 0261-762-59 $2,080.00 0261-762-60 $2,185.00 Packet Pg. 320 APN Amount Exhibit "A" COMMUNITY FACILITIES DISTRICT NO. 2020-1 (RANCHO PALMA) SPECIAL TAX LEVY FISCAL YEAR 2023-24 0261-762-61 $1,880.00 0261-762-62 $2,080.00 0261-762-63 $2,185.00 0261-762-64 $1,880.00 Packet Pg. 321 Resolution 2023-102 Resolution No. 2023-102 July 19, 2023 Page 1 of 3 RESOLUTION NO. 2023-102 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, LEVYING SPECIAL TAXES TO BE COLLECTED DURING FISCAL YEAR 2023-24 TO PAY FOR FACILITIES OR TO PAY PRINCIPAL AND INTEREST ON BONDS AND ADMINISTRATIVE EXPENSES WITHIN COMMUNITY FACILITIES DISTRICT NO. 2021-1 (FERREE STREET) OF THE CITY OF SAN BERNARDINO WHEREAS, it is necessary that the City Council of the City of San Bernardino (the City Council”) levy special taxes pursuant to Section 53340 of the Government Code for the payment of facilities or to pay principal of and interest on bonds within Community Facilities District No. 2021-1 (Ferree Street) of the City of San Bernardino, County of San Bernardino, State of California (the “District”), and for the payment of administrative expenses incurred in connection with the levy and collection of said special taxes; and WHEREAS, pursuant to Section 53340 of the Government Code, the City Council may by resolution provide for the levy of special taxes on parcels of taxable property in the District at a rate provided by ordinance or at a lower rate; and WHEREAS, the City Council has previously levied special taxes on parcels of taxable property in the District by ordinance, including Ordinance No. MC-1555, adopted on April 7, 2021; and WHEREAS, the special taxes will be levied for fiscal year 2023-24 on all parcels in each category of developed property in the District on the same basis and at the same rate to pay for facilities or to pay principal and interest on bonds and for the payment of administrative expenses incurred in connection with the levy and collection of said special taxes; and WHEREAS, the rates of the special taxes that will be levied on such parcels for fiscal year 2023-24 will not exceed the rates of the special taxes that have previously been levied by ordinance; BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. Findings. The City Council finds that the above recitals are true and correct and are incorporated herein by this reference. SECTION 2. Levy of Special Taxes. Special taxes shall be and are hereby levied for the 2023-24 fiscal year on all parcels of real property within the District which are subject to taxation, which are identified in Exhibit “A” attached hereto. Pursuant to Section 53340 of the Government Code, such special taxes shall be collected in the same manner as ordinary ad valorem property taxes are collected and shall be subject to the same penalties and the same procedure, sale, and lien priority in case of delinquency as is provided for ad valorem taxes. Packet Pg. 322 Resolution 2023-102 Resolution No. 2023-102 July 19, 2023 Page 2 of 3 SECTION 3. CEQA. The Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. SECTION 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. Transmittal to County. The City Clerk shall immediately following adoption of this resolution transmit a copy hereof to the County Auditor of the County of San Bernardino together with a request that the special taxes as levied hereby be collected on the tax bills for the parcels identified in Exhibit “A” hereto, along with the ordinary ad valorem property taxes to be levied on and collected from the owners of said parcels. 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 19th day of July, 2023. ____________________________________ Helen Tran, Mayor City of San Bernardino Attest: __________________________________ Genoveva Rocha, CMC, City Clerk Approved as to form: __________________________________ Sonia R. Carvalho, City Attorney Packet Pg. 323 Resolution 2023-102 Resolution No. 2023-102 July 19, 2023 Page 3 of 3 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) ss CITY OF SAN BERNARDINO ) I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2023-102 adopted at a regular meeting held on the 19th day of July, 2023 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ REYNOSO _____ _____ _______ _______ CALVIN _____ _____ _______ _______ ALEXANDER _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ____ day of July, 2023. ____________________________ Genoveva Rocha, CMC, City Clerk Packet Pg. 324 APN Amount 0281-441-01 $2,366.00 0281-441-02 $2,266.00 0281-441-03 $2,366.00 0281-441-04 $2,366.00 0281-441-05 $2,266.00 0281-441-06 $2,366.00 0281-441-07 $2,366.00 0281-441-08 $2,266.00 0281-441-09 $2,366.00 0281-441-10 $2,366.00 0281-441-11 $2,266.00 0281-441-12 $2,366.00 0281-441-13 $2,366.00 0281-441-14 $2,266.00 0281-441-15 $2,366.00 0281-441-16 $2,366.00 0281-441-17 $2,266.00 0281-441-18 $2,366.00 0281-441-19 $2,366.00 0281-441-20 $2,266.00 0281-441-21 $2,366.00 0281-441-22 $2,366.00 0281-441-23 $2,366.00 0281-441-24 $2,366.00 0281-441-25 $2,366.00 0281-441-26 $2,266.00 0281-441-27 $2,366.00 0281-441-28 $2,366.00 0281-441-29 $2,266.00 0281-441-30 $2,366.00 0281-441-31 $2,266.00 0281-441-32 $2,366.00 0281-441-33 $2,266.00 0281-441-34 $2,366.00 0281-441-35 $2,266.00 Exhibit "A" COMMUNITY FACILITIES DISTRICT NO. 2021-1 (FERREE STREET) SPECIAL TAX LEVY FISCAL YEAR 2023-24 Packet Pg. 325 APN Amount Exhibit "A" COMMUNITY FACILITIES DISTRICT NO. 2021-1 (FERREE STREET) SPECIAL TAX LEVY FISCAL YEAR 2023-24 0281-441-36 $2,366.00 0281-441-37 $2,266.00 0281-441-38 $2,366.00 0281-441-39 $2,266.00 0281-441-40 $2,366.00 0281-441-41 $2,266.00 0281-441-42 $2,366.00 0281-441-43 $2,266.00 0281-441-44 $2,366.00 0281-441-45 $2,266.00 0281-441-46 $2,366.00 0281-441-47 $2,266.00 0281-441-48 $2,366.00 0281-441-49 $2,366.00 0281-441-50 $2,266.00 0281-441-51 $2,366.00 0281-441-52 $2,366.00 0281-441-53 $2,366.00 0281-441-54 $2,366.00 0281-442-01 $2,366.00 0281-442-02 $2,366.00 0281-442-03 $2,266.00 0281-442-04 $2,366.00 0281-442-05 $2,366.00 0281-442-06 $2,266.00 0281-442-07 $2,366.00 0281-442-08 $2,366.00 0281-442-09 $2,266.00 0281-442-10 $2,366.00 0281-442-11 $2,366.00 0281-442-12 $2,366.00 0281-442-13 $2,266.00 0281-442-14 $2,366.00 0281-442-15 $2,366.00 0281-442-16 $2,366.00 Packet Pg. 326 APN Amount Exhibit "A" COMMUNITY FACILITIES DISTRICT NO. 2021-1 (FERREE STREET) SPECIAL TAX LEVY FISCAL YEAR 2023-24 0281-442-17 $2,366.00 0281-442-18 $2,366.00 0281-442-19 $2,266.00 0281-442-20 $2,366.00 0281-442-21 $2,366.00 0281-442-22 $2,366.00 0281-442-23 $2,266.00 0281-442-24 $2,366.00 0281-442-25 $2,266.00 0281-442-26 $2,366.00 0281-442-27 $2,366.00 0281-442-28 $2,366.00 0281-442-29 $2,366.00 0281-442-30 $2,366.00 0281-442-31 $2,266.00 0281-442-32 $2,366.00 0281-442-33 $2,366.00 0281-442-34 $2,266.00 0281-442-35 $2,366.00 0281-442-36 $2,266.00 0281-442-37 $2,366.00 0281-442-38 $2,266.00 0281-442-39 $2,366.00 0281-442-40 $2,366.00 0281-442-41 $2,366.00 0281-442-42 $2,366.00 Packet Pg. 327 Resolution 2023-103 Resolution No. 2023-103 July 19, 2023 Page 1 of 3 RESOLUTION NO. 2023-103 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, LEVYING SPECIAL TAXES TO BE COLLECTED DURING FISCAL YEAR 2023-24 TO PAY FOR FACILITIES OR TO PAY PRINCIPAL AND INTEREST ON BONDS AND ADMINISTRATIVE EXPENSES WITHIN COMMUNITY FACILITIES DISTRICT NO. 2022-2 (PALM) OF THE CITY OF SAN BERNARDINO WHEREAS, it is necessary that the City Council of the City of San Bernardino (the City Council”) levy special taxes pursuant to Section 53340 of the Government Code for the payment of facilities or to pay principal of and interest on bonds within Community Facilities District No. 2022-2 (Palm) of the City of San Bernardino, County of San Bernardino, State of California (the “District”), and for the payment of administrative expenses incurred in connection with the levy and collection of said special taxes; and WHEREAS, pursuant to Section 53340 of the Government Code, the City Council may by resolution provide for the levy of special taxes on parcels of taxable property in the District at a rate provided by ordinance or at a lower rate; and WHEREAS, the City Council has previously levied special taxes on parcels of taxable property in the District by ordinance, including Ordinance No. MC-1598, adopted on November 2, 2022; and WHEREAS, the special taxes will be levied for fiscal year 2023-24 on all parcels in each category of developed property in the District on the same basis and at the same rate to pay for facilities or to pay principal and interest on bonds and for the payment of administrative expenses incurred in connection with the levy and collection of said special taxes; and WHEREAS, the rates of the special taxes that will be levied on such parcels for fiscal year 2023-24 will not exceed the rates of the special taxes that have previously been levied by ordinance; BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. Findings. The City Council finds that the above recitals are true and correct and are incorporated herein by this reference. SECTION 2. Levy of Special Taxes. Special taxes shall be and are hereby levied for the 2023-24 fiscal year on all parcels of real property within the District which are subject to taxation, which are identified in Exhibit “A” attached hereto. Pursuant to Section 53340 of the Government Code, such special taxes shall be collected in the same manner as ordinary ad valorem property taxes are collected and shall be subject to the same penalties and the same procedure, sale, and lien priority in case of delinquency as is provided for ad valorem taxes. Packet Pg. 328 Resolution 2023-103 Resolution No. 2023-103 July 19, 2023 Page 2 of 3 SECTION 3. CEQA. The Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. SECTION 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. Transmittal to County. The City Clerk shall immediately following adoption of this resolution transmit a copy hereof to the County Auditor of the County of San Bernardino together with a request that the special taxes as levied hereby be collected on the tax bills for the parcels identified in Exhibit “A” hereto, along with the ordinary ad valorem property taxes to be levied on and collected from the owners of said parcels. 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 19th day of July, 2023. ____________________________________ Helen Tran, Mayor City of San Bernardino Attest: __________________________________ Genoveva Rocha, CMC, City Clerk Approved as to form: __________________________________ Sonia R. Carvalho, City Attorney Packet Pg. 329 Resolution 2023-103 Resolution No. 2023-103 July 19, 2023 Page 3 of 3 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) ss CITY OF SAN BERNARDINO ) I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2023-103 adopted at a regular meeting held on the 19th day of July, 2023 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ REYNOSO _____ _____ _______ _______ CALVIN _____ _____ _______ _______ ALEXANDER _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ____ day of July, 2023. _____________________________ Genoveva Rocha, CMC, City Clerk Packet Pg. 330 APN Amount 0285-211-05 $1,643.92 0285-211-21 $795.22 0285-211-22 $152.14 0285-211-23 $1,217.78 0285-211-25 $1,190.88 Exhibit "A" COMMUNITY FACILITIES DISTRICT NO. 2022-2 (PALM) SPECIAL TAX LEVY FISCAL YEAR 2023-24 Packet Pg. 331 CONSENT CALENDAR City of San Bernardino Request for Council Action Date:July 19, 2023 To:Honorable Mayor and City Council Members From:Charles McNeely, Interim City Manager Barbara Whitehorn, Agency Director of Administrative Services Department:Finance Subject:Approval of Commercial and Payroll Disbursements (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California approve the commercial and payroll disbursements for June 2023. Background Completed commercial and payroll disbursement registers are submitted to the Mayor and City Council for approval. This happens on a regular basis, typically every meeting for the most recently completed disbursement registers. The detailed warrant registers are available on the City Website and are updated weekly by the Finance Department. The registers may be accessed by copying the following link into an internet browser: https://sbcity.org/city_hall/finance/warrant_register Discussion Gross Payroll Bi -Weekly for June 1, 2023 $2,903,048.11 Bi -Weekly for June 8, 2023 $2,860,884.94 Bi -Weekly for June 22, 2023 $2,794,178.55 Monthly for June 15, 2023 $26,950.00 Total Payroll D emands: $8,585,061.60 Packet Pg. 332 2021-2025 Strategic Targets and Goals Approval of the noted check and EFT registers for commercial and payroll disbursements align with Key Target No. 1: Improved Operational & Financial Capacity by creating a framework for spending decisions. Fiscal Impact Amounts noted in the disbursement registers have no further fiscal impact. Amounts were paid consistent with existing budget authorization and no further budgetary impact is required. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino approve the commercial and payroll disbursements for June 2023. Attachments Attachment 1 Payroll Summary Report for June 2023 Attachment 2 Commercial checks & Payroll Register #54 Attachment 3 Commercial checks & Payroll Register #55 Attachment 4 Commercial checks & Payroll Register #56 Attachment 5 Commercial checks & Payroll Register #57 Attachment 6 Commercial checks & Payroll Register #58 Attachment 7 Commercial checks & Payroll Register #59 Attachment 8 Commercial checks & Payroll Register #60 Attachment 9 Commercial checks & Payroll Register #61 Attachment 10 Commercial EFT Registers #1455-1462 Attachment 11 Commercial EFT Registers #1463-1467 Ward: The following check registers are being presented for approval: May 18, 2023 2022/23 (Regi ster #54)$1,860,632.82 May 25, 2023 2022/23 (Regi ster #55)$1,573,741.02 May 30, 2023 2022/23 (Regi ster #56)$193.01 June 1, 2023 2022/23 (Regi ster #57)$3,135,418.70 June 1, 2023 2022/23 (Regi ster #58)$12,833.00 June 8, 2023 2022/23 (Regi ster #59)$3,430,494.78 June 15, 2023 2022/23 (Regi ster #60)$2,851,881.01 June 22, 2023 2022/23 (Regi ster #61)$1,472,037.90 Total commercial check demands:$14,337,232.24 The following Electroni c Funds Transfer (EFT) registers presented for approval: April 4 to April 26, 2023 2022/23 (Register #1455-1462)$596,220.85 April 6 to April 14, 2024 2022/23 (Register #1463-1467)$596,122.86 Total commerci al EFT demands:$1,192,343.71 Packet Pg. 333 All Wards Synopsis of Previous Council Actions: N/A Packet Pg. 334 Packet Pg. 335 Packet Pg. 336 Packet Pg. 337 Packet Pg. 338 Packet Pg. 339 Packet Pg. 340 Packet Pg. 341 Packet Pg. 342 Packet Pg. 343 Packet Pg. 344 Packet Pg. 345 Packet Pg. 346 Packet Pg. 347 Packet Pg. 348 Packet Pg. 349 Packet Pg. 350 Packet Pg. 351 Packet Pg. 352 Packet Pg. 353 Packet Pg. 354 Packet Pg. 355 Packet Pg. 356 Packet Pg. 357 Packet Pg. 358 Packet Pg. 359 Packet Pg. 360 Packet Pg. 361 Packet Pg. 362 Packet Pg. 363 Packet Pg. 364 Packet Pg. 365 Packet Pg. 366 Packet Pg. 367 Packet Pg. 368 Packet Pg. 369 Packet Pg. 370 Packet Pg. 371 Packet Pg. 372 Packet Pg. 373 Packet Pg. 374 Packet Pg. 375 Packet Pg. 376 Packet Pg. 377 Packet Pg. 378 Packet Pg. 379 Packet Pg. 380 Packet Pg. 381 Packet Pg. 382 Packet Pg. 383 Packet Pg. 384 Packet Pg. 385 Packet Pg. 386 Packet Pg. 387 Packet Pg. 388 Packet Pg. 389 Packet Pg. 390 Packet Pg. 391 Packet Pg. 392 Packet Pg. 393 Packet Pg. 394 Packet Pg. 395 Packet Pg. 396 Packet Pg. 397 Packet Pg. 398 Packet Pg. 399 Packet Pg. 400 Packet Pg. 401 Packet Pg. 402 Packet Pg. 403 Packet Pg. 404 Packet Pg. 405 Packet Pg. 406 Packet Pg. 407 Packet Pg. 408 Packet Pg. 409 Packet Pg. 410 Packet Pg. 411 Packet Pg. 412 Packet Pg. 413 Packet Pg. 414 Packet Pg. 415 Packet Pg. 416 Packet Pg. 417 Packet Pg. 418 Packet Pg. 419 Packet Pg. 420 Packet Pg. 421 Packet Pg. 422 Packet Pg. 423 Packet Pg. 424 Packet Pg. 425 Packet Pg. 426 Packet Pg. 427 Packet Pg. 428 Packet Pg. 429 Packet Pg. 430 Packet Pg. 431 Packet Pg. 432 Packet Pg. 433 Packet Pg. 434 Packet Pg. 435 Packet Pg. 436 Packet Pg. 437 Packet Pg. 438 Packet Pg. 439 Packet Pg. 440 Packet Pg. 441 Packet Pg. 442 Packet Pg. 443 Packet Pg. 444 Packet Pg. 445 Packet Pg. 446 Packet Pg. 447 Packet Pg. 448 Packet Pg. 449 Packet Pg. 450 Packet Pg. 451 Packet Pg. 452 Packet Pg. 453 Packet Pg. 454 Packet Pg. 455 Packet Pg. 456 Packet Pg. 457 Packet Pg. 458 1 4 6 7 CONSENT CALENDAR City of San Bernardino Request for Council Action Date:July 19, 2023 To:Honorable Mayor and City Council Members From:Charles E. McNeely, Interim City Manager; Barbara Whitehorn, Agency Director of Administrative Services Department:Finance Subject:Appropriation of AQMD Funds for Vanpool Program (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Authorize the Agency Director of Administrative Services to appropriate a total of $37,000 using the AB2788 Air Quality fund; and, 2. Adopt Resolution No. 2023-104 authorizing the Agency Director of Administrative Services to amend the FY 2022/23 and FY 2023/24 Operating Budget by $13,000 and $24,000, respectively. Background The South Coast Air Quality Management District (AQMD) adopted Assembly Bill 2766 (“AB 2766”) in 1990 to provide a revenue stream for programs to reduce air pollution from motor vehicles and for related planning, monitoring, enforcement, and technical studies. State law, H&S Code Section 44223, authorizes the Department of Motor Vehicles to collect a registration surcharge of $4 per vehicle to fund the AB 2766 Subvention Fund Program. The AB 2766 revenue is distributed by the South Coast Air Quality Management District on a quarterly basis to the 162 participating cities and counties in the South Coast Air Basin based on their pro-rated share of the total population. Annual reports on the use of the funds and the results of programs implemented are to be submitted to the South Coast AQMD, usually by the 1st Friday of each February. Audits of local government programs are performed at least every two years. Discussion AB 2766 funds provide opportunities for the City to invest in ways that improve the air quality of the community. Using AB 2766 funds to offer Vanpool Services to City of San Packet Pg. 459 1 4 6 7 Bernardino employees is one such opportunity. The Commuter Vanpool Program provides a viable alternative to driving alone, aiding in the reduction of traffic congestion, total vehicle miles traveled, and contributing to improved commute times and better air quality. The City is required to meet the standards of the federal and state Clean Air Act to qualify for subvention program funding, and this program is an eligible use of the AB 2766 funds. 2021-2025 Strategic Targets and Goals The implementation of a Vanpool Services Program aligns with Key Target No. 1d: Improved Operational and Financial Capacity – Create a framework for spending decisions. This program also aligns with Key Target No. 1e: Minimize risk and litigation exposure by providing City staff with a safer work environment due to the implementation of an eco-friendly ride-share program. Fiscal Impact There is no General Fund impact associated with this action. A total of $37,000 is requested to be appropriated from the AB 2766 (AQMD) Fund, $13,000 for FY 2022/23 and $24,000 for 2023/24. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Authorize the Agency Director of Administrative Services to appropriate a total of $37,000 using the AB2766 Air Quality fund; and, 2. Adopt Resolution No. 2023-104 authorizing the Agency Director of Administrative Services to amend the FY 2022/23 and FY 2023/24 Operating Budget by $13,000 and $24,000, respectively. Attachments Attachment 1 – Resolution No. 2023-104 Ward: All Wards Synopsis of Previous Council Actions: On November 16, 2022, the Mayor and City Council authorized the appropriation of $302,499.71 from the AB 2766 Fund to purchase the Freight Liner Dump Truck. Packet Pg. 460 Resolution No. 2023-104 Resolution 2023-104 Page 1 of 3 3 0 0 6 RESOLUTION NO. 2023-104 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE AGENCY DIRECTOR OF ADMINISTRATIVE SERVICES TO APPROPRIATE A TOTAL OF $37,000 USING THE AB2766 AIR QUALITY FUND AND AUTHORIZING THE AMENDMENT OF $13,000 AND $24,000 IN FY 2022/23 AND FY 2023/24 OPERATING BUDGETS RESPECTIVELY. WHEREAS, The South Coast Air Quality Management District (AQMD) adopted Assembly Bill 2766 (“AB2766”) in 1990 to provide a revenue stream for programs to reduce air pollution from motor vehicles and for related planning, monitoring, enforcement, and technical studies.; and WHEREAS, An opportunity exists to utilize the City’s Air Quality Funds (AB2766) to offer Vanpool Services to the City of San Bernardino employees. 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. That the Mayor and City Council authorize the Agency Director of Administrative Services to appropriate a total of $37,000 using the AB2766 Air Quality fund and amend the FY 2022/23 and FY 2023/24 Operating Budgets by $13,000 and $24,000, respectively. SECTION 5.The Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. SECTION 6.Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. SECTION 7. Effective Date. This Resolution shall become effective immediately. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this ___ day of __________ 2023. Packet Pg. 461 Resolution No. 2023-104 Resolution 2023-104 Page 2 of 3 3 0 0 6 Helen Tran, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney Packet Pg. 462 Resolution No. 2023-104 Resolution 2023-104 Page 3 of 3 3 0 0 6 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2023-104, adopted at a regular meeting held on the ___ day of _______ 2023 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ REYNOSO _____ _____ _______ _______ CALVIN _____ _____ _______ _______ ALEXANDER _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________ 2023. Genoveva Rocha, CMC, City Clerk Packet Pg. 463 1 4 6 8 CONSENT CALENDAR City of San Bernardino Request for Council Action Date:July 19, 2023 To:Honorable Mayor and City Council Members From:Charles E. McNeely, Interim City Manager; Barbara Whitehorn, Agency Director of Administrative Services Department:Finance Subject:Review of Administrative Budget Transfers (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, review and file all listed administrative budget transfers from April 1, 2023 through June 30, 2023. Background On May 4, 2022, the Mayor and City Council adopted Ordinance No. MC-1568, which amended Section 3.05.010 in the Municipal Code regarding budget transfers. Specifically, the amendment to the ordinance nullified the not-to-exceed amount of $25,000 per budget transfer; authorized the Director of Finance to approve budget transfers within a department’s personnel budget into their operating budget; authorized the Director of Finance to approve department-to-department budget transfers; established that budget transfers will not increase or decrease a department’s approved budget, nor will it increase or decrease the approved fund budget without council approval; and stated that any cumulative amount of more than $5,000 transferred between departments in a 12-month period must be reported to the Mayor and City Council during the regular Quarterly Report. Discussion Budget transfers are requests received by Finance from departments to move the budget from one account to another after the adoption of the original budget. Transfers occur when a department needs to correct its originally adopted budget or move the budget to accommodate a change in a department’s planned expenditures. When processing budget transfers, Finance verifies that the transfer properly allocates Packet Pg. 464 1 4 6 8 resources based on the strategic objectives and goals set forth by the Mayor and City Council and reflects the priorities of the community. The table below provides the list of the administrative transfers that have been processed. Date of Transfer Departments Impacted Credit (Decrease)Debit (Increase) 4/3/2023 General Gov to CED $(4,000,000.00)$4,000,000.00 4/19/2023 PW to CED $(284,111.26)$284,111.26 5/11/2023 CM to Parks $(2,303.00)$2,303.00 6/8/2023 CM to HR $(28,500.00)$28,500.00 The transfer from General Government to Community and Economic Development was to support the Small Business & Non-Profit Assistance program and the Small Business Resource Center. This budget was appropriated into the incorrect department; the transfer from General Government to CED was to move the budgeted amount, approved by the Mayor and City Council, into the correct department. The transfer from Public Works to Community and Economic Development was to account for the Real Property Division moving from PW to CED. This budget transfer moved all salaries and benefit budgets associated with Real Property from Public Works into CED. The transfer from City Manager to Parks and Recreation was to support the costs for the Sister City program. The transfer from City Manager to Human Resources was to support the cost of the executive recruitment firm for a City Manager. 2021-2025 Strategic Targets and Goals Authorization of this file and receiving item aligns with three of the adopted 2021-2025 Key Strategic Targets and Goals. Finance reporting on departmental administrative budget transfers completed within the quarter that meet the requirements of the Mayor and City Council helps Improved Operational & Financial Capacity by effectively creating a framework for spending decisions. Administering budget transfers meets the Focused, Aligned Leadership and Unified Community goal by developing and implementing a community engagement plan where the community and staff actively adapt to ensure needs of the community are fulfilled. Improved Quality of Life is met by ensuring that service levels are funded proactively to integrate customer-service orientation and metrics into all City operations. Fiscal Impact There is no fiscal impact to the City. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, Packet Pg. 465 1 4 6 8 California, review and file all listed administrative budget transfers from April 1, 2023, through June 30, 2023. Attachments None Ward: All Wards Synopsis of Previous Council Actions: December 1, 2021 Mayor and City Council heard the FY 2021/22 1st Quarter Report; Adopted Resolution No. 2021-289 amending the City of San Bernardino’s FY 2021/22 Operating Budget; and introduced, read by title only, and waived further reading of Ordinance No. MC-1568, amending section 3.05 of the Municipal Code pertaining to budget transfers. May 4, 2022 Mayor and City Council adopted Ordinance No. MC-1568, amending section 3.05 on the Municipal Code. March 1, 2023 Mayor and City Council received and filed the FY21/22 Mid- Year Update; Adopted Resolution No. 2023-039 authorizing the Agency Director of Administrative Services to amend the Fiscal Year 2022/23 operating budget. Packet Pg. 466 CONSENT CALENDAR City of San Bernardino Request for Council Action Date:July 19, 2023 To:Honorable Mayor and City Council Members From:Rolland Kornblau, Director of Information Technology Department:Information Technology Subject:Authorize the issuance of purchase orders for the on- going maintenance and support services for annual software and hardware usage fees with Atel Communications, Solutions Simplified for DocuSign Software Services, Tyler Technologies, Granicus, Harris Computers, NPA and Verizon. Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the Agency Director of Administrative Services to execute the ongoing purchase orders for Annual Usage Fees, Software Maintenance, and Hardware Maintenance with Atel Communications, Solutions Simplified for DocuSign Software Services, Tyler Technologies, Granicus, Harris Computers, NPA Computers, and Verizon for a combined total not to exceed $1,197,572.69. Background The City of San Bernardino continues to upgrade its technology infrastructure to improve efficiency, effectiveness, reliability, and productivity for internal and external processes. Purchasing of the hardware and software is necessary to implement technological innovations city-wide, for troubleshooting support, and fixes to malfunctions of current hardware and software, which results in improving the usability for continued organizational proficiency. Discussion Staff is requesting authorization to issue eight (8) ongoing purchase orders for Annual Usage Fees, Software Maintenance, and Hardware Maintenance. Staff has developed an estimated annual cost based on expected usage and an annual fixed amount provided from the vendor through signed contracts and quotes. Staff is requesting that a 10% contingency be added to the purchasing amount for slight changes in the Packet Pg. 467 products or support functions which might occur during the fiscal year. Contracts and quotes are enclosed for all but Verizon. Verizon is a monthly utility expense and the expected amount needed is based on previous years’ numbers and a contingency of 10% to include the anticipated additional users for the 2023/24 year. VENDOR Amount Contingency (10%) ATEL Communications 7/31/24 (Phone Service)$21,000.00 $23,100.00 Solutions Simplified for DocuSign 5/21/24 (Electronic Signature)$76,990.00 $84,689.00 Tyler 6/30/24 (Finance)$198,636.66 $218,500.33 Tyler-CAD 6/30/24 (Public Safety Finance)$354,345.15 $389,779.67 Granicus 11/16/24 (Meeting Management) $66,514.27 $73,165.70 Harris Computers 6/30/24 (Payroll) $52,336.35 $57,569.99 NPA Computers 6/30/24 (Out of Warranty Service) $35,880.00 $39,468.00 Verizon - Ongoing (Mobile Phone Service)$283,000.00 $311,300.00 Total: $1,197,572.69 2021-2025 Strategic Targets and Goals Authorization of the ongoing purchase orders aligns with Key Target No. 2: Focused, Aligned, Leadership and Unified Community. Software and hardware applications are maintained to achieve operational efficiencies and support the organizational effectiveness of evolving processes. Fiscal Impact There is no fiscal impact associated with this item. Funding has been included in the adopted FY 2023/24 Operating Budget. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the Agency Director of Administrative Services to execute the ongoing purchase orders for Annual Usage Fees, Software Maintenance, and Hardware Maintenance with Atel Communications, Solutions Simplified for DocuSign Software Services, Tyler Technologies, Granicus, Harris Computers, NPA Computers, and Verizon for a combined total not to exceed $1,197,572.69. Attachments Attachment 1 – ATEL PSA 2 YR – signed Attachment 2 – Granicus Packet Pg. 468 Attachment 3 – Harris Computers Attachment 4 – Solutions Simplified Attachment 5 – Tyler CAD Attachment 6 – Tyler Attachment 7 – NPA Quote Ward: All Wards Synopsis of Previous Council Actions: June 15, 2022 The Mayor and City Council adopted the purchase authorization for FY 2022-23 Annual Usage Fees, Software Maintenance, and Hardware Maintenance. October 5, 2022 The Mayor and City Council adopted the execution of Annual Professional Agreements with Solutions Simplified, NPA Computers, and Atel Communications. Packet Pg. 469 PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND ATEL COMMUNICATIONS This Agreement is made and entered into as of October 5th, 2022 by and between the CITY OF SAN BERNARDINO, a charter city and municipal corporation organized and operating under the laws of the State of California with its principal place of business at Vanir Tower, 290 North D Street, San Bernardino, CA 92401 ("City"), and ATEL COMMUNICATIONS, a California Corporation with its principal place of business at 844 7 Miramar Mall, San Diego, CA. 92121 (hereinafter referred to as "Consultant"). CITY and CONSUL TANT are hereinafter sometimes referred to individually as "Party" and collectively as the "Parties." RECITALS A. City is a public agency of the State of California and is in need of professional services for the following project: PBX hardware maintenance and technical services (hereinafter referred to as "the Project"). B. Consultant is duly licensed and has the necessary qualifications to provide such services. C. The Parties desire by this Agreement to establish the terms for City to retain Consultant to provide the services described herein. NOW, THEREFORE, IT 15 AGREED AS FOLLOWS: AGREEMENT 1.Incorporation of Recitals. The recitals above are true and correct and are hereby incorporated herein by this reference. 2.Services. Consultant shall provide the City with the services described in the Scope of Services attached hereto as Exhibit "A." 3.Professional Practices. All professional services to be provided by Consultant pursuant to this Agreement shall be provided by personnel identified in their proposal. Consultant warrants that Consultant is familiar with all laws that may affect its performance of this Agreement and shall advise City of any changes in any laws that may affect Consultant's performance of this Agreement. Consultant further represents that no City employee will provide any services under this Agreement. 4.Compensation. a.Subject to paragraph 4(b) below, the City shall pay for such services in accordance with the Schedule of Charges set forth in Exhibit "A." 1 DocuSign Envelope ID: C87BC474-C69D-46C3-97DF-94A3099BC5B6 Packet Pg. 470 DocuSign Envelope ID: C87BC474-C69D-46C3-97DF-94A3099BC5B6 Packet Pg. 471 DocuSign Envelope ID: C87BC474-C69D-46C3-97DF-94A3099BC5B6 Packet Pg. 472 DocuSign Envelope ID: C87BC474-C69D-46C3-97DF-94A3099BC5B6 Packet Pg. 473 DocuSign Envelope ID: C87BC474-C69D-46C3-97DF-94A3099BC5B6 Packet Pg. 474 DocuSign Envelope ID: C87BC474-C69D-46C3-97DF-94A3099BC5B6 Packet Pg. 475 DocuSign Envelope ID: C87BC474-C69D-46C3-97DF-94A3099BC5B6 Packet Pg. 476 DocuSign Envelope ID: C87BC474-C69D-46C3-97DF-94A3099BC5B6 Packet Pg. 477 DocuSign Envelope ID: C87BC474-C69D-46C3-97DF-94A3099BC5B6 Packet Pg. 478 DocuSign Envelope ID: C87BC474-C69D-46C3-97DF-94A3099BC5B6 Packet Pg. 479 DocuSign Envelope ID: C87BC474-C69D-46C3-97DF-94A3099BC5B6 Packet Pg. 480 DocuSign Envelope ID: C87BC474-C69D-46C3-97DF-94A3099BC5B6 Packet Pg. 481 DocuSign Envelope ID: C87BC474-C69D-46C3-97DF-94A3099BC5B6 Packet Pg. 482 DocuSign Envelope ID: C87BC474-C69D-46C3-97DF-94A3099BC5B6 Packet Pg. 483 DocuSign Envelope ID: C87BC474-C69D-46C3-97DF-94A3099BC5B6 Packet Pg. 484 DocuSign Envelope ID: C87BC474-C69D-46C3-97DF-94A3099BC5B6 Packet Pg. 485 DocuSign Envelope ID: C87BC474-C69D-46C3-97DF-94A3099BC5B6 Packet Pg. 486 408 St. Peter St, Suite 600 THIS IS NOT AN INVOICE Order Form St. Paul, MN 55102 Prepared for San Bernardino, CA Order #: Q-274077 Prepared: 06 Apr 2023 Page 1 of 3 Granicus Budgetary Proposal for San Bernardino, CA ORDER DETAILS Prepared By:Jessica Shubbie Phone: Email:jessica.shubbie@granicus.com Order #:Q-274077 Prepared On:06 Apr 2023 Expires On:16 Nov 2023 Currency:USD Payment Terms:Net 30 (Payments for subscriptions are due at the beginning of the period of performance.) Period of Performance: 11/17/2023 - 11/16/2024 ORDER TERMS Current Subscription End Date:16 Nov 2023 Packet Pg. 487 Order Form San Bernardino, CA Order #: Q-274077 Prepared: 06 Apr 2023 Page 2 of 3 PRICING SUMMARY The pricing and terms within this Proposal are specific to the products and volumes contained within this Proposal. Renewing Subscription Fees Solution Billing Frequency Quantity/Unit Annual Fee Legacy SKU for Agenda Automation Annual 1 Each $15,789.91 Legacy SKU for Closed Captioning Service - 20 Hours Annual 1 Each $7,847.96 Legacy SKU for Community Engagement Annual 1 Each $5,223.23 Legacy SKU for Committee Management Annual 1 Each $11,052.93 Legacy SKU for Laserfiche Integration Annual 1 Each $1,639.09 Legacy SKU for Meeting Management Annual 1 Each $11,842.97 Legacy SKU for Member Voting Annual 1 Each $5,223.23 Legacy SKU for Video Streaming Annual 1 Each $7,894.95 SUBTOTAL:$66,514.27 Packet Pg. 488 Order Form San Bernardino, CA Order #: Q-274077 Prepared: 06 Apr 2023 Page 3 of 3 TERMS & CONDITIONS ·This quote, and all products and services delivered hereunder are governed by the terms located at https://granicus.com/legal/licensing, including any product-specific terms included therein (the “License Agreement”). If your organization and Granicus has entered into a separate agreement or is utilizing a contract vehicle for this transaction, the terms of the License Agreement are incorporated into such separate agreement or contract vehicle by reference, with any directly conflicting terms and conditions being resolved in favor of the separate agreement or contract vehicle to the extent applicable. ·If submitting a Purchase Order, please include the following language: The pricing, terms and conditions of quote Q-274077 dated 06 Apr 2023 are incorporated into this Purchase Order by reference and shall take precedence over any terms and conditions included in this Purchase Order. ·This quote is exclusive of applicable state, local, and federal taxes, which, if any, will be included in the invoice. It is the responsibility of San Bernardino, CA to provide applicable exemption certificate(s). ·Any lapse in payment may result in suspension of service and will require the payment of a setup fee to reinstate the subscription. ·The terms and conditions set forth in the Agreement effective 17 Nov 2021 are incorporated herein by reference. Packet Pg. 489 Renewal Estimate June 15, 2022 Renewal Estimate Page 1 of 1 Customer City of San Bernardino Renewal Date July 1 - June 30 Term Annually To assist with your budgeting, we have created this Renewal Estimate. The estimate is for the next term for your products that are receiving Support. Newly purchased and future products will not be included on this estimate. Invoice, your bill will automatically generate and emailed to your Finance department or designated individuals. Any applicable taxes will be added to the invoice. 30 days before your renewal date, we should have received your full payment to allow time for new licenses to be generated, delivered, and installed before expiry (product specific). If third -party vendors and their products are utilized, we strongly suggest early payment to ensure continuous service, especially where new licenses are required. It is the Customer’s responsibility to ensure prompt payment. HarrisERP will not be responsible for payment to third-party vendors or producing new licenses until your invoice is paid. Cancelation, if you no longer wish to have HarrisERP licensing, maintenance, and Support services, please let us know in writing 90 days prior to your renewal date. Terms and Conditions, are available in TeamSupport in the Knowledge Base https://app.na2.teamsupport.com/dc/1/attachments/11712147 Description July 1, 2022 – June 30, 2023 July 1, 2023 – June 30, 2024 SELECT $36,413.20 $40,054.52 Port License $2,079.92 $2,287.91 SBD $2,772.97 $3,050.27 SBR $1,944.59 $2,139.05 Unidata $4,367.83 $4,804.61 Total $47,578.50 $52,336.35 Packet Pg. 490 Page 1 of 5 DateCompany PROFORMA 24535 03/31/2023 THIS IS NOT AN INVOICE Order No. 130 Tyler Technologies, Inc. (FEIN 75-2303920) P.O. Box 203556 Dallas, TX 75320-3556 Remittance Questions Tyler Technologies - Phone: 1-800-772-2260 Press 2 Fax: 1-866-673-3274 Email: ar@tylertech.com SAN BERNARDINO (AEGIS) ATTN: TECHNOLOGY 290 NORTH D STREET SAN BERNARDINO, CA 92401-1112 United States Ship To:To: Customer Grp/No.Payment Terms Currency Code Net 45 USD SAN BERNARDINO (AEGIS) ATTN: TECHNOLOGY 290 NORTH D STREET SAN BERNARDINO, CA 92401-1112 United States 1 50197 Customer PO#Ship Via ELEC Salesperson Cd No. Item/ Description/ Comments Total Cost Quantity# UsersDrop Ship U/M Unit Price Disc % Contract No.: San Bernardino, CA Renewal: 5,274.36 1 1 1 EA 5,274.36 .00 No New World Third Party LE Records Interface Standard Maintenance - COPLINK Interface Maintenance Plan: ; Start: 07/01/2023, End: 06/30/2024; Term: 12 months Renewal: 9,172.80 1 1 2 EA 9,172.80 .00 No New World Third Party LE Records Interface Standard Maintenance - Ticket Writer Interface Maintenance Plan: ; Start: 07/01/2023, End: 06/30/2024; Term: 12 months Renewal: 2,752.68 4 1 3 EA 688.17 .00 No CAD Data Mart Standard Maintenance Maintenance Plan: ; Start: 07/01/2023, End: 06/30/2024; Term: 12 months Renewal: 3,783.78 33 1 4 EA 114.66 .00 No ArcGIS Runtime CAD Desktop Workstations Maintenance Maintenance Plan: ; Start: 07/01/2023, End: 06/30/2024; Term: 12 months Renewal: 2,751.84 4 1 5 EA 687.96 .00 No Law Enforcement Management Data Mart (^CAD, RMS) Standard Maintenance - Includes 10+ users Maintenance Plan: ; Start: 07/01/2023, End: 06/30/2024; Term: 12 months Renewal: 3,898.44 1 1 6 EA 3,898.44 .00 No Additional New World Enterprise Standard Maintenance for CAD - CAD AVL Maintenance Plan: ; Start: 07/01/2023, End: 06/30/2024; Term: 12 months Renewal: 3,898.44 1 1 7 EA 3,898.44 .00 No Additional New World Enterprise Standard Maintenance for CAD - Service Vehicle Rotation Maintenance Plan: ; Start: 07/01/2023, End: 06/30/2024; Term: 12 months Renewal: 10,090.08 1 1 8 EA 10,090.08 .00 No New World Enterprise Third Party Interface Standard Maintenance - On-Line CAD Interface to State/NCIC Maintenance Plan: ; Start: 07/01/2023, End: 06/30/2024; Term: 12 months Renewal: 4,127.76 1 1 9 EA 4,127.76 .00 No New World Enterprise Third Party Interface Standard Maintenance Pre-Arrival Questionnaire Interface Packet Pg. 491 Page 2 of 5 DateCompany PROFORMA 24535 03/31/2023 THIS IS NOT AN INVOICE Order No. 130 Tyler Technologies, Inc. (FEIN 75-2303920) P.O. Box 203556 Dallas, TX 75320-3556 Remittance Questions Tyler Technologies - Phone: 1-800-772-2260 Press 2 Fax: 1-866-673-3274 Email: ar@tylertech.com No. Item/ Description/ Comments Total Cost Quantity# UsersDrop Ship U/M Unit Price Disc % Maintenance Plan: ; Start: 07/01/2023, End: 06/30/2024; Term: 12 months Renewal: 19,978.36 1 1 10 EA 19,978.36 .00 No New World Single Jurisdiction Base LE Records Standard Maintenance Maintenance Plan: ; Start: 07/01/2023, End: 06/30/2024; Term: 12 months Renewal: 6,879.60 1 1 11 EA 6,879.60 .00 No New World Federal and State Compliance Reporting for LE Records Standard Maintenance - Federal UCR/IBR Maintenance Plan: ; Start: 07/01/2023, End: 06/30/2024; Term: 12 months Renewal: 3,439.80 1 1 12 EA 3,439.80 .00 No Additional New World Software for LE Records Standard Maintenance - Field Investigations Maintenance Plan: ; Start: 07/01/2023, End: 06/30/2024; Term: 12 months Renewal: 3,439.80 1 1 13 EA 3,439.80 .00 No Additional New World Software for LE Records Standard Maintenance - Case Management Maintenance Plan: ; Start: 07/01/2023, End: 06/30/2024; Term: 12 months Renewal: 4,815.72 1 1 14 EA 4,815.72 .00 No Additional New World Software for LE Records Standard Maintenance - Alarm Tracking and Billing Maintenance Plan: ; Start: 07/01/2023, End: 06/30/2024; Term: 12 months Renewal: 3,439.80 1 1 15 EA 3,439.80 .00 No Additional New World Software for LE Records Standard Maintenance - Property Room Bar Coding Maintenance Plan: ; Start: 07/01/2023, End: 06/30/2024; Term: 12 months Renewal: 4,815.72 1 1 16 EA 4,815.72 .00 No Additional New World Software for LE Records Standard Maintenance - Narcotics Mgmt Maintenance Plan: ; Start: 07/01/2023, End: 06/30/2024; Term: 12 months Renewal: 6,879.60 1 1 17 EA 6,879.60 .00 No New World Data Analysis and Mapping for Corrections MSP Standard Maintenance Maintenance Plan: ; Start: 07/01/2023, End: 06/30/2024; Term: 12 months Renewal: 6,879.60 1 1 18 EA 6,879.60 .00 No New World Federal and State Compliance Reporting for LE Records Standard Maintenance - State Accidents Maintenance Plan: ; Start: 07/01/2023, End: 06/30/2024; Term: 12 months Renewal: 14,529.71 1 1 19 EA 14,529.71 .00 No New World Fire Records Standard Maintenance Base Package Maintenance Plan: ; Start: 07/01/2023, End: 06/30/2024; Term: 12 months Renewal: 7,796.88 1 1 20 EA 7,796.88 .00 No New World Federal Compliance Reporting for Fire Records Standard Maintenance - NFIRS 5.0 Electronic Reporting Packet Pg. 492 Page 3 of 5 DateCompany PROFORMA 24535 03/31/2023 THIS IS NOT AN INVOICE Order No. 130 Tyler Technologies, Inc. (FEIN 75-2303920) P.O. Box 203556 Dallas, TX 75320-3556 Remittance Questions Tyler Technologies - Phone: 1-800-772-2260 Press 2 Fax: 1-866-673-3274 Email: ar@tylertech.com No. Item/ Description/ Comments Total Cost Quantity# UsersDrop Ship U/M Unit Price Disc % Maintenance Plan: ; Start: 07/01/2023, End: 06/30/2024; Term: 12 months Renewal: 18,804.24 1 1 21 EA 18,804.24 .00 No New World MSP Third Party CAD Interface Standard Maintenance -New World State/NCIC Interface Maintenance Plan: ; Start: 07/01/2023, End: 06/30/2024; Term: 12 months : Renewal: 275.18 1 1 22 EA 275.18 .00 No New World Third Party Corrections Interface Standard Maintenance - VINE Interface Maintenance Plan: ; Start: 07/01/2023, End: 06/30/2024; Term: 12 months Renewal: 3,577.39 156 1 23 EA 22.93 .00 No New World Law Enforcement Mobile Unit Standard Maintenance - Mobile Message - State Photo Download Maintenance Plan: ; Start: 07/01/2023, End: 06/30/2024; Term: 12 months Renewal: 14,309.57 156 1 24 EA 91.73 .00 No New World Law Enforcement Mobile Unit Standard Maintenance - Mobile Message - LE State/NCIC via Switch Maintenance Plan: ; Start: 07/01/2023, End: 06/30/2024; Term: 12 months Renewal: 16,144.13 176 1 25 EA 91.73 .00 No New World Mobile Management Server Standard Maintenance (151-200 units) - LE Field Reporting Maintenance Plan: ; Start: 07/01/2023, End: 06/30/2024; Term: 12 months Renewal: 5,366.09 156 1 26 EA 34.40 .00 No New World Law Enforcement Mobile Unit Standard Maintenance - Mobile Message - In-Car Mapping Maintenance Plan: ; Start: 07/01/2023, End: 06/30/2024; Term: 12 months Renewal: 3,210.48 35 1 27 EA 91.73 .00 No New World Fire Mobile Unit Standard Maintenance - Fire CAD via Switch Maintenance Plan: ; Start: 07/01/2023, End: 06/30/2024; Term: 12 months Renewal: 0.00 1 1 28 EA 0.00 .00 No New World Standard Maintenance - Scene PD Maintenance Plan: ; Start: 07/01/2023, End: 06/30/2024; Term: 12 months Renewal: 4,127.76 1 1 29 EA 4,127.76 .00 No New World Communications Server to State/NCIC Standard Maintenance Maintenance Plan: ; Start: 07/01/2023, End: 06/30/2024; Term: 12 months Renewal: 12,108.10 176 1 30 EA 68.80 .00 No New World Law Enforcement Mobile Unit Standard Maintenance - Field-Based Reporting - LE Accident Field Reporting Maintenance Plan: ; Start: 07/01/2023, End: 06/30/2024; Term: 12 months Renewal: 5,366.09 156 1 31 EA 34.40 .00 No Packet Pg. 493 Page 4 of 5 DateCompany PROFORMA 24535 03/31/2023 THIS IS NOT AN INVOICE Order No. 130 Tyler Technologies, Inc. (FEIN 75-2303920) P.O. Box 203556 Dallas, TX 75320-3556 Remittance Questions Tyler Technologies - Phone: 1-800-772-2260 Press 2 Fax: 1-866-673-3274 Email: ar@tylertech.com No. Item/ Description/ Comments Total Cost Quantity# UsersDrop Ship U/M Unit Price Disc % ArcGIS Runtime Mobile In-Car Maintenance Plan: ; Start: 07/01/2023, End: 06/30/2024; Term: 12 months Renewal: 3,285.01 191 1 32 EA 17.20 .00 No New World Law Enforcement Mobile Unit Standard Maintenance - Mobile Message - New World AVL Maintenance Plan: ; Start: 07/01/2023, End: 06/30/2024; Term: 12 months Renewal: 4,127.76 1 1 33 EA 4,127.76 .00 No New World Third Party LE Records Interface Standard Maintenance - Livescan Interface Maintenance Plan: ; Start: 07/01/2023, End: 06/30/2024; Term: 12 months Renewal: 687.96 1 1 34 EA 687.96 .00 No New World Imaging Standard Maintenance - LE Public Safety Lineups/Mug Shots Maintenance Plan: ; Start: 07/01/2023, End: 06/30/2024; Term: 12 months Renewal: 20,281.07 1 1 35 EA 20,281.07 .00 No New World Corrections Management Standard Maintenance Base Package Maintenance Plan: ; Start: 07/01/2023, End: 06/30/2024; Term: 12 months Renewal: 2,637.18 1 1 36 EA 2,637.18 .00 No New World Third Party LE Records Interface Standard Maintenance - Citizen Reporting Interface Maintenance Plan: ; Start: 07/01/2023, End: 06/30/2024; Term: 12 months Renewal: 22.93 1 1 37 EA 22.93 .00 No New World Fire Mobile Unit Standard Maintenance - EMS Field Reporting Maintenance Plan: ; Start: 07/01/2023, End: 06/30/2024; Term: 12 months Renewal: 3,898.44 1 1 38 EA 3,898.44 .00 No Additional New World Standard Maintenance for Corrections Management - BarCoding Maintenance Plan: ; Start: 07/01/2023, End: 06/30/2024; Term: 12 months Renewal: 13,759.20 200 1 39 EA 68.80 .00 No New World Field Reporting Server Standard Maintenance Maintenance Plan: ; Start: 07/01/2023, End: 06/30/2024; Term: 12 months Renewal: 7,796.88 1 1 40 EA 7,796.88 .00 No New World Corrections Compliance Federal & State Reporting MSP Standard Maintenance Maintenance Plan: ; Start: 07/01/2023, End: 06/30/2024; Term: 12 months Renewal: 25,225.20 1 1 41 EA 25,225.20 .00 No New World Mobile Messaging Server Standard Maintenance Maintenance Plan: ; Start: 07/01/2023, End: 06/30/2024; Term: 12 months Renewal: 6,764.94 1 1 42 EA 6,764.94 .00 No Packet Pg. 494 Page 5 of 5 DateCompany PROFORMA 24535 03/31/2023 THIS IS NOT AN INVOICE Order No. 130 Tyler Technologies, Inc. (FEIN 75-2303920) P.O. Box 203556 Dallas, TX 75320-3556 Remittance Questions Tyler Technologies - Phone: 1-800-772-2260 Press 2 Fax: 1-866-673-3274 Email: ar@tylertech.com No. Item/ Description/ Comments Total Cost Quantity# UsersDrop Ship U/M Unit Price Disc % ArcGIS Advanced Enterprise Server Integration Maintenance Plan: ; Start: 07/01/2023, End: 06/30/2024; Term: 12 months Renewal: 2,637.18 1 1 43 EA 2,637.18 .00 No New World Third Party LE Records Interface Standard Maintenance - LINX Interface Maintenance Plan: ; Start: 07/01/2023, End: 06/30/2024; Term: 12 months Renewal: 3,577.39 156 1 44 EA 22.93 .00 No New World Law Enforcement Mobile Unit Standard Maintenance - Mobile Message - In-Car Routing Maintenance Plan: ; Start: 07/01/2023, End: 06/30/2024; Term: 12 months Renewal: 3,577.39 156 1 45 EA 22.93 .00 No New World Law Enforcement Mobile Unit Standard Maintenance - Mobile Message - Mugshot Image Download Maintenance Plan: ; Start: 07/01/2023, End: 06/30/2024; Term: 12 months Renewal: 4,127.76 1 1 46 EA 4,127.76 .00 No New World Enterprise Third Party Interface Standard Maintenance - E-911 Interface Maintenance Plan: ; Start: 07/01/2023, End: 06/30/2024; Term: 12 months Renewal: 35,877.30 33 1 47 EA 1,087.19 .00 No New World Enterprise Combined LE/Fire/EMS CAD Standard Maintenance Maintenance Plan: ; Start: 07/01/2023, End: 06/30/2024; Term: 12 months Renewal: 4,127.76 1 1 48 EA 4,127.76 .00 No New World Enterprise Third Party Interface Standard Maintenance - CAD Paging Interface Maintenance Plan: ; Start: 07/01/2023, End: 06/30/2024; Term: 12 months Renewal: 0.00 1 1 49 EA 0.00 .00 No Field Interview Interface (Supports Brazos) Maintenance Plan: ; Start: 07/01/2023, End: 06/30/2024; Term: 12 months 354,345.15 Order Total:Does not include any applicable taxes Comments:Upon acceptance please email your purchase order to PO@tylertech.com Packet Pg. 495 Page 1 of 6 DateCompany PROFORMA 189133 04/11/2023 THIS IS NOT AN INVOICE Order No. 045 Tyler Technologies, Inc. (FEIN 75-2303920) P.O. Box 203556 Dallas, TX 75320-3556 Remittance Questions Tyler Technologies - ERP & Schools Phone: 1-800-772-2260 Press 2, then 1 Fax: 1-866-673-3274 Email: ar@tylertech.com SAN BERNARDINO (AEGIS) ATTN: TECHNOLOGY 290 NORTH D STREET SAN BERNARDINO, CA 92401-1112 United States Ship To:To: Customer Grp/No.Payment Terms Currency Code Net 45 USD SAN BERNARDINO (AEGIS) ATTN: TECHNOLOGY 290 NORTH D STREET SAN BERNARDINO, CA 92401-1112 United States 1 50197 Customer PO#Ship Via ELEC Salesperson Cd No. Item/ Description/ Comments Total Cost Quantity# UsersDrop Ship U/M Unit Price Disc % Contract No.: San Bernardino, CA Renewal: 652.11 1 1 1 EA 652.11 .00 No SUPPORT & UPDATE LICENSING - SELF SERVICE eRequests Maintenance Plan: ; Start: 07/01/2023, End: 06/30/2024; Term: 12 months Renewal: 2,028.78 1 1 2 EA 2,028.78 .00 No SUPPORT & UPDATE LICENSING - User License to Site License Maintenance Plan: ; Start: 07/01/2023, End: 06/30/2024; Term: 12 months Renewal: 50,479.84 1 1 3 EA 50,479.84 .00 No SUPPORT & UPDATE LICENSING - FM Base Suite Maintenance Plan: ; Start: 07/01/2023, End: 06/30/2024; Term: 12 months Renewal: 6,076.98 1 1 4 EA 6,076.98 .00 No SUPPORT & UPDATE LICENSING - Bank Rec Maintenance Plan: ; Start: 07/01/2023, End: 06/30/2024; Term: 12 months Renewal: 6,076.98 1 1 5 EA 6,076.98 .00 No SUPPORT & UPDATE LICENSING - Misc. Billing & Receivables Maintenance Plan: ; Start: 07/01/2023, End: 06/30/2024; Term: 12 months Renewal: 6,076.98 1 1 6 EA 6,076.98 .00 No SUPPORT & UPDATE LICENSING - PURCHASING Maintenance Plan: ; Start: 07/01/2023, End: 06/30/2024; Term: 12 months Renewal: 6,076.98 1 1 7 EA 6,076.98 .00 No SUPPORT & UPDATE LICENSING - REQUISITIONS Maintenance Plan: ; Start: 07/01/2023, End: 06/30/2024; Term: 12 months Renewal: 6,076.98 1 1 8 EA 6,076.98 .00 No SUPPORT & UPDATE LICENSING - Project Accounting Maintenance Plan: ; Start: 07/01/2023, End: 06/30/2024; Term: 12 months Renewal: 6,076.98 1 1 9 EA 6,076.98 .00 No SUPPORT & UPDATE LICENSING - Grant Accounting Packet Pg. 496 Page 2 of 6 DateCompany PROFORMA 189133 04/11/2023 THIS IS NOT AN INVOICE Order No. 045 Tyler Technologies, Inc. (FEIN 75-2303920) P.O. Box 203556 Dallas, TX 75320-3556 Remittance Questions Tyler Technologies - ERP & Schools Phone: 1-800-772-2260 Press 2, then 1 Fax: 1-866-673-3274 Email: ar@tylertech.com No. Item/ Description/ Comments Total Cost Quantity# UsersDrop Ship U/M Unit Price Disc % Maintenance Plan: ; Start: 07/01/2023, End: 06/30/2024; Term: 12 months Renewal: 6,076.98 1 1 10 EA 6,076.98 .00 No SUPPORT & UPDATE LICENSING - BID & QUOTE MANAGEMENT Maintenance Plan: ; Start: 07/01/2023, End: 06/30/2024; Term: 12 months Renewal: 6,076.98 1 1 11 EA 6,076.98 .00 No SUPPORT & UPDATE LICENSING - INVENTORY Maintenance Plan: ; Start: 07/01/2023, End: 06/30/2024; Term: 12 months Renewal: 6,076.98 1 1 12 EA 6,076.98 .00 No SUPPORT & UPDATE LICENSING - CONTRACT ACCOUNTING Maintenance Plan: ; Start: 07/01/2023, End: 06/30/2024; Term: 12 months Renewal: 6,076.98 1 1 13 EA 6,076.98 .00 No SUPPORT & UPDATE LICENSING - THIRD PARTY RECEIVABLES Maintenance Plan: ; Start: 07/01/2023, End: 06/30/2024; Term: 12 months : Renewal: 6,076.98 1 1 14 EA 6,076.98 .00 No SUPPORT & UPDATE LICENSING - GASB Reporting Maintenance Plan: ; Start: 07/01/2023, End: 06/30/2024; Term: 12 months Renewal: 6,076.98 1 1 15 EA 6,076.98 .00 No SUPPORT & UPDATE LICENSING - Asset Management Maintenance Plan: ; Start: 07/01/2023, End: 06/30/2024; Term: 12 months Renewal: 5,890.00 1 1 16 EA 5,890.00 .00 No SUPPORT & UPDATE LICENSING - HR Base Suite Maintenance Plan: ; Start: 07/01/2023, End: 06/30/2024; Term: 12 months Renewal: 1,009.71 1 1 17 EA 1,009.71 .00 No SUPPORT & UPDATE LICENSING - Benefits Admin Maintenance Plan: ; Start: 07/01/2023, End: 06/30/2024; Term: 12 months Renewal: 925.57 1 1 18 EA 925.57 .00 No SUPPORT & UPDATE LICENSING - Personnel Action Processing Maintenance Plan: ; Start: 07/01/2023, End: 06/30/2024; Term: 12 months Renewal: 925.57 1 1 19 EA 925.57 .00 No SUPPORT & UPDATE LICENSING - Position Budgeting Maintenance Plan: ; Start: 07/01/2023, End: 06/30/2024; Term: 12 months Renewal: 420.71 1 1 20 EA 420.71 .00 No Packet Pg. 497 Page 3 of 6 DateCompany PROFORMA 189133 04/11/2023 THIS IS NOT AN INVOICE Order No. 045 Tyler Technologies, Inc. (FEIN 75-2303920) P.O. Box 203556 Dallas, TX 75320-3556 Remittance Questions Tyler Technologies - ERP & Schools Phone: 1-800-772-2260 Press 2, then 1 Fax: 1-866-673-3274 Email: ar@tylertech.com No. Item/ Description/ Comments Total Cost Quantity# UsersDrop Ship U/M Unit Price Disc % SUPPORT & UPDATE LICENSING - TIME AND ATTENDANCE INTERFACE Maintenance Plan: ; Start: 07/01/2023, End: 06/30/2024; Term: 12 months Renewal: 925.57 1 1 21 EA 925.57 .00 No SUPPORT & UPDATE LICENSING - APPLICANT TRACKING Maintenance Plan: ; Start: 07/01/2023, End: 06/30/2024; Term: 12 months Renewal: 925.57 1 1 22 EA 925.57 .00 No SUPPORT & UPDATE LICENSING - EMPLOYEE RETIREMENT TRACKING Maintenance Plan: ; Start: 07/01/2023, End: 06/30/2024; Term: 12 months Renewal: 925.57 1 1 23 EA 925.57 .00 No SUPPORT & UPDATE LICENSING - EMPLOYEE EVENT TRACKING Maintenance Plan: ; Start: 07/01/2023, End: 06/30/2024; Term: 12 months Renewal: 925.57 1 1 24 EA 925.57 .00 No SUPPORT & UPDATE LICENSING - COBRA BILLING ADMINISTRATION Maintenance Plan: ; Start: 07/01/2023, End: 06/30/2024; Term: 12 months Renewal: 925.57 1 1 25 EA 925.57 .00 No SUPPORT & UPDATE LICENSING - WORKERS COMPENSATION ADMIN Maintenance Plan: ; Start: 07/01/2023, End: 06/30/2024; Term: 12 months Renewal: 925.57 1 1 26 EA 925.57 .00 No SUPPORT & UPDATE LICENSING - BENEFITS TRACKING (NON-EMPLOYEE) Maintenance Plan: ; Start: 07/01/2023, End: 06/30/2024; Term: 12 months Renewal: 694.18 1 1 27 EA 694.18 .00 No SUPPORT & UPDATE LICENSING - PERMITS Maintenance Plan: ; Start: 07/01/2023, End: 06/30/2024; Term: 12 months Renewal: 462.79 1 1 28 EA 462.79 .00 No SUPPORT & UPDATE LICENSING - CODE ENFORCEMENT Maintenance Plan: ; Start: 07/01/2023, End: 06/30/2024; Term: 12 months Renewal: 462.79 1 1 29 EA 462.79 .00 No SUPPORT & UPDATE LICENSING - REQUEST FOR SERVICES TRACKING Maintenance Plan: ; Start: 07/01/2023, End: 06/30/2024; Term: 12 months Renewal: 925.57 1 1 30 EA 925.57 .00 No SUPPORT & UPDATE LICENSING - Business Licensing Maintenance Plan: ; Start: 07/01/2023, End: 06/30/2024; Term: 12 months Renewal: 925.57 1 1 31 EA 925.57 .00 No Packet Pg. 498 Page 4 of 6 DateCompany PROFORMA 189133 04/11/2023 THIS IS NOT AN INVOICE Order No. 045 Tyler Technologies, Inc. (FEIN 75-2303920) P.O. Box 203556 Dallas, TX 75320-3556 Remittance Questions Tyler Technologies - ERP & Schools Phone: 1-800-772-2260 Press 2, then 1 Fax: 1-866-673-3274 Email: ar@tylertech.com No. Item/ Description/ Comments Total Cost Quantity# UsersDrop Ship U/M Unit Price Disc % SUPPORT & UPDATE LICENSING - MUNICIPAL INSPECTIONS Maintenance Plan: ; Start: 07/01/2023, End: 06/30/2024; Term: 12 months Renewal: 557.44 1 1 32 EA 557.44 .00 No SUPPORT & UPDATE LICENSING - PARCEL MANAGEMENT Maintenance Plan: ; Start: 07/01/2023, End: 06/30/2024; Term: 12 months Renewal: 210.36 1 1 33 EA 210.36 .00 No SUPPORT & UPDATE LICENSING - COMMUNITY GIS INTEGRATION Maintenance Plan: ; Start: 07/01/2023, End: 06/30/2024; Term: 12 months Renewal: 462.79 1 1 34 EA 462.79 .00 No SUPPORT & UPDATE LICENSING - PROJECT PLANNING Maintenance Plan: ; Start: 07/01/2023, End: 06/30/2024; Term: 12 months Renewal: 6,076.98 1 1 35 EA 6,076.98 .00 No SUPPORT & UPDATE LICENSING - DECISION SUPPORT BASE DATAMART Maintenance Plan: ; Start: 07/01/2023, End: 06/30/2024; Term: 12 months Renewal: 6,076.98 1 1 36 EA 6,076.98 .00 No SUPPORT & UPDATE LICENSING - FM ANALYTICS Maintenance Plan: ; Start: 07/01/2023, End: 06/30/2024; Term: 12 months Renewal: 6,076.98 1 1 37 EA 6,076.98 .00 No SUPPORT & UPDATE LICENSING - FM DASHBOARDS Maintenance Plan: ; Start: 07/01/2023, End: 06/30/2024; Term: 12 months Renewal: 273.47 1 1 38 EA 273.47 .00 No SUPPORT & UPDATE LICENSING - HR ANALYTICS Maintenance Plan: ; Start: 07/01/2023, End: 06/30/2024; Term: 12 months Renewal: 557.44 1 1 39 EA 557.44 .00 No SUPPORT & UPDATE LICENSING - HR DASHBOARDS Maintenance Plan: ; Start: 07/01/2023, End: 06/30/2024; Term: 12 months Renewal: 231.40 1 1 40 EA 231.40 .00 No SUPPORT & UPDATE LICENSING - CD ANALYTICS Maintenance Plan: ; Start: 07/01/2023, End: 06/30/2024; Term: 12 months Renewal: 441.76 1 1 41 EA 441.76 .00 No SUPPORT & UPDATE LICENSING - CD DASHBOARD Maintenance Plan: ; Start: 07/01/2023, End: 06/30/2024; Term: 12 months Renewal: 5,609.52 1 1 42 EA 5,609.52 .00 No Packet Pg. 499 Page 5 of 6 DateCompany PROFORMA 189133 04/11/2023 THIS IS NOT AN INVOICE Order No. 045 Tyler Technologies, Inc. (FEIN 75-2303920) P.O. Box 203556 Dallas, TX 75320-3556 Remittance Questions Tyler Technologies - ERP & Schools Phone: 1-800-772-2260 Press 2, then 1 Fax: 1-866-673-3274 Email: ar@tylertech.com No. Item/ Description/ Comments Total Cost Quantity# UsersDrop Ship U/M Unit Price Disc % SUPPORT & UPDATE LICENSING - eSUITE BASE (Payments) Maintenance Plan: ; Start: 07/01/2023, End: 06/30/2024; Term: 12 months Renewal: 5,609.52 1 1 43 EA 5,609.52 .00 No SUPPORT & UPDATE LICENSING - SELF SERVICE ePayments Maintenance Plan: ; Start: 07/01/2023, End: 06/30/2024; Term: 12 months Renewal: 5,609.52 1 1 44 EA 5,609.52 .00 No SUPPORT & UPDATE LICENSING - SELF SERVICE eSupplier Maintenance Plan: ; Start: 07/01/2023, End: 06/30/2024; Term: 12 months Renewal: 5,609.52 1 1 45 EA 5,609.52 .00 No SUPPORT & UPDATE LICENSING - SELF SERVICE eBid Maintenance Plan: ; Start: 07/01/2023, End: 06/30/2024; Term: 12 months Renewal: 5,609.52 1 1 46 EA 5,609.52 .00 No SUPPORT & UPDATE LICENSING - SELF SERVICE eMisc Billing Maintenance Plan: ; Start: 07/01/2023, End: 06/30/2024; Term: 12 months Renewal: 1,430.43 1 1 47 EA 1,430.43 .00 No SUPPORT & UPDATE LICENSING - SELF SERVICE eBenefits Admin Maintenance Plan: ; Start: 07/01/2023, End: 06/30/2024; Term: 12 months Renewal: 1,114.90 1 1 48 EA 1,114.90 .00 No SUPPORT & UPDATE LICENSING - SELF SERVICE eTimesheets Maintenance Plan: ; Start: 07/01/2023, End: 06/30/2024; Term: 12 months Renewal: 841.43 1 1 49 EA 841.43 .00 No SUPPORT & UPDATE LICENSING - SELF SERVICE eEmployee Maintenance Plan: ; Start: 07/01/2023, End: 06/30/2024; Term: 12 months Renewal: 841.43 1 1 50 EA 841.43 .00 No SUPPORT & UPDATE LICENSING - SELF SERVICE eRecruit Maintenance Plan: ; Start: 07/01/2023, End: 06/30/2024; Term: 12 months Renewal: 462.79 1 1 51 EA 462.79 .00 No SUPPORT & UPDATE LICENSING - SELF SERVICE ePermits Maintenance Plan: ; Start: 07/01/2023, End: 06/30/2024; Term: 12 months Renewal: 652.11 1 1 52 EA 652.11 .00 No SUPPORT & UPDATE LICENSING - SELF SERVICE eLicense Maintenance Plan: ; Start: 07/01/2023, End: 06/30/2024; Term: 12 months Packet Pg. 500 Page 6 of 6 DateCompany PROFORMA 189133 04/11/2023 THIS IS NOT AN INVOICE Order No. 045 Tyler Technologies, Inc. (FEIN 75-2303920) P.O. Box 203556 Dallas, TX 75320-3556 Remittance Questions Tyler Technologies - ERP & Schools Phone: 1-800-772-2260 Press 2, then 1 Fax: 1-866-673-3274 Email: ar@tylertech.com 198,636.66 Order Total:Does not include any applicable taxes Comments:Upon acceptance please email your purchase order to PO@tylertech.com Packet Pg. 501 Customer Date QTY MANUFACTURER PART Price Extended Price 12 $2,990.00 $35,880.00 Total: $35,880.00 __________________________________ Please Sign For Authorization __________________________________ Purchase Order # NPA COMPUTERS, INC. 751 COATES AVENUE, HOLBROOK, NY 11741 P: (631) 467-2500 / F: (631) 467-5609 6/14/2023City of San Bernardino Server coverage for July 1st 2023-June 30,2024 Confidential ■ Quotation Is Valid For 30 Days ■ Any Additional Parts Or Labor Needed Will Be Quoted Separately ■ Thank You For Your Business ■ Packet Pg. 502 CONSENT CALENDAR City of San Bernardino Request for Council Action Date:July 19, 2023 To:Honorable Mayor and City Council Members From:Charles E. McNeely, City Manager By: Lydie Gutfeld, Director of Parks, Recreation and Community Services Department:Parks & Recreation & Community Services Subject:2022-2025 Retired and Senior Volunteer Program (RSVP) – 2nd year of a 3-year Grant Award (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Adopt Resolution No. 2023-105 approving a continuation of submitted budget application for year two of a three-year grant through the National and Community Services Retired and Senior Volunteer Program; 2. Authorize the City Manager to accept the grant award in the amount of $54,809; and 3. Authorize the Agency Director of Administrative services to amend the budget to appropriate the grant funds for the period of April 1, 2023, through March 31, 2024. Background The City has participated in the federally funded Retired and Senior Volunteer Program (RSVP) for 49 years. The RSVP program provides funds for staff to organize and direct the Work Plans of the volunteer program. The RSVP staff member(s) recruit volunteers, select work sites, make site visits, and prepare reports to meet grant requirements. RSVP senior-age volunteers perform various service activities within the community under various MOUs, with one of the larger commitments with local law enforcement as Citizens on Patrol (COP) volunteers. RSVP volunteers do not receive pay, but they can request up to $30 per quarter as reimbursement for their transportation expenses, which is paid out of grant funds. RSVP volunteers serve up to forty hours a week providing support for senior lunch programs, local non-profits, community centers, and hospitals and providing disaster preparedness with the California Highway Patrol and San Bernardino County Sheriff’s Packet Pg. 503 Department. Volunteers play an essential role in connecting with the community while also preserving resources for organizations. An estimated 23.2% of Americans, or more than 60.7 million people, formally volunteered with sponsored organizations between September 2020 and 2021. In total, these volunteers served an estimated 4.1 billion hours with an economic value of $122.9 billion. This grant enables the City to continue providing services for individuals ages 55 years and older to put their skills and life experience to work for their communities. On March 9, 2022, staff received notice for the first of three-year grant award in the amount of $54,809.00 which was used for the program operations as outlined in the grant agreement. Discussion On March 23, 2023, staff received the Notice of Grant Award letter from the Corporation for National and Community Service (CNCS) for an amount of $54,809. This funding would work to continue services provided by RSVP. The second year of a 3-year grant cycle (2022-2025) with the AmeriCorps Senior program, administered by the CNCS will end March 31, 2024. This past year, 108 participants contributed 18,186 hours. The City provides matching funds for the RSVP program in the amount of $96,723 for a portion of the salaries and fringe benefits of personnel and program costs. This grant match funding is budgeted in Parks, Recreations and Community Services operating budget. The City also provides an in-kind contribution in the amount of $1,158 for the cost of utilities for the program’s office space. 2021-2025 Strategic Targets and Goals Adoption of this Resolution aligns with Strategic Target No. 2: Focused, Aligned Leadership and Unified Community by building a culture that attracts, retains, and motivates the highest quality of volunteers for the program; and Strategic Target No. 3: Improved Quality of Life which allows volunteers to stay active and engaged in their local communities through their services and benefits the growth of the community members themselves. Fiscal Impact There is no further General Fund fiscal impact associated with this item as the grant match has already been budgeted. The Biennial FY2022/23-24 Budget will be amended by $54,809 in both revenues and expenditures for no net impact to the General Fund. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California: Packet Pg. 504 1. Adopt Resolution No. 2023-xx approving a continuation of submitted budget application for year two of a three-year grant through the National and Community Services Retired and Senior Volunteer Program; 2. Authorize the City Manager to accept the grant award in the amount of $54,809; and 3. Authorize the Agency Director of Administrative services to amend the budget to appropriate the grant funds for the period of April 1, 2023, through March 31, 2024. Attachments Attachment 1- RESOLUTION 2023-105 - 2022-2025 RSVP Grant 2nd Year Attachment 2- 2022-2025 RSVP Grant Application Attachment 3- 2023-2024 RSVP Notification Letter of Grant Award Attachment 4- 2023-2024 RSVP Grant Budget & Grant Budget Narratives Ward: All Wards Synopsis of Previous Council Actions: May 4, 2022 The Mayor and City Council adopted Resolution No. 2022- 78 ratifying the submission of a continuation grant application for Year One of a 3-Year grant with the Corporation for National and Community Service’s Retired and Senior Volunteer Program, Accept the Grant Award in the amount of $54,809, and Appropriate the Grant Funds for the Period of April 1, 2022, through March 31, 2023. October 20, 2021 The Mayor and City Council adopted Resolution No. 2021- 253 ratifying the submission of a continuation grant application for year three of a three-year grant with the Corporation for National and Community Service’s Retired and Senior Volunteer Program (RSVP), accepting the Grant Award in the amount of $54,809, and appropriating $73,989 in matching funds for the continued operation of RSVP for a total amount of $128,798, for the Period of April 1, 2021, through March 31, 2022. Packet Pg. 505 Resolution No. 2023-105 Resolution 2023-105 - Page 1 of 3 2 8 2 2 RESOLUTION NO. 2023-105 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA APPROVING A CONTINUATION OF SUBMITTED BUDGET APPLICATION FOR YEAR TWO OF A THREE-YEAR GRANT THROUGH THE NATIONAL AND COMMUNITY SERVICES RETIRED AND SENIOR VOLUNTEER PROGRAM, AUTHORIZE THE CITY MANAGER TO ACCEPT THE GRANT AWARD IN THE AMOUNT OF $54,809, AND AUTHORIZE THE AGENCY DIRECTOR OF ADMINISTRATIVE SERVICES TO AMEND THE BUDGET TO APPROPRIATE THE GRANT FUNDS FOR THE PERIOD OF APRIL 1, 2023, THROUGH MARCH 31, 2024. WHEREAS, the City submitted a Grant Continuation application for federal assistance requesting funding for Year Two of a Three (3) Year Grant Allocation for the Retired and Senior Volunteer Program; and WHEREAS, the Notice of Grant Award was received by the City for the Retired and Senior Volunteer Program on March 20, 2023; and WHEREAS, the City has participated in the federally funded Retired and Senior Volunteer Program for 49 years; and WHEREAS, individuals ages 55 years and older provide services at various locations and organizations; and WHEREAS, 108 individual RSVP volunteers contributed 18,186 hours of time at various locations and organizations in FY 2022-23. 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. That the Mayor and City Council of the City of San Bernardino hereby ratify the submission of a grant application for year two of the Corporation of National and Community Service’s Retired and Senior Volunteer Program (RSVP) in the total amount of $151,532; and, SECTION 3. That the Mayor and City Council of the City of San Bernardino hereby accept the grant award in the amount of $54,809 and authorize the Agency Director of Administrative Services or his/her designee to appropriate that amount for the continued operation of the RSVP; and, Packet Pg. 506 Resolution No. 2023-105 Resolution 2023-105 - Page 2 of 3 2 8 2 2 SECTION 4. That the Mayor and City Council of the City of San Bernardino hereby authorize the Agency Director of Administrative Services or his/her designee to appropriate $96,723 in matching funds (cash and in-kind) to the continued operation of; and, SECTION 5. That the appropriation of the grant award and matching funds, together totaling $151,532, are for the operation of RSVP from April 1, 2023, through March 31, 2024. SECTION 6.The Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. SECTION 7.Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. SECTION 8. Effective Date. This Resolution shall become effective immediately. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this ___ day of __________ 2023. Helen Tran, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney Packet Pg. 507 Resolution No. 2023-105 Resolution 2023-105 - Page 3 of 3 2 8 2 2 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2023-105, adopted at a regular meeting held on the ___ day of _______ 2023 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ REYNOSO _____ _____ _______ _______ CALVIN _____ _____ _______ _______ ALEXANDER _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________ 2023. Genoveva Rocha, CMC, City Clerk Packet Pg. 508 Page 1 STATE APPLICATION IDENTIFIER: 22SRICA001 FEDERAL IDENTIFIER: 23SR251297 2b. APPLICATION ID: 3. DATE RECEIVED BY STATE: 10/26/22 4. DATE RECEIVED BY FEDERAL AGENCY: San Bernardino, California, City ofLEGAL NAME: 290 N D ST Nicolette WilsonNAME: TELEPHONE NUMBER: FAX NUMBER: wilson_ni@sbcity.orgINTERNET E-MAIL ADDRESS: 956000772 6. EMPLOYER IDENTIFICATION NUMBER (EIN):7. TYPE OF APPLICANT: 8. TYPE OF APPLICATION (Check appropriate box). If Amendment, enter appropriate letter(s) in box(es): 94.00210a. CATALOG OF FEDERAL DOMESTIC ASSISTANCE NUMBER: Retired and Senior Volunteer Program10b. TITLE:RSVP-San Bernardino 11.a. DESCRIPTIVE TITLE OF APPLICANT'S PROJECT: San Bernardino County: The San Bernardino Valley cities of Highland, Redlands, San Bernardino, and Yucaipa; the high desert from Barstow 12. AREAS AFFECTED BY PROJECT (List Cities, Counties, States, etc): 04/01/22START DATE:03/31/25END DATE:CA 33 $ 54,809.00a. FEDERAL $ 96,723.00b. APPLICANT $ 0.00c. STATE $ 96,723.00d. LOCAL $ 0.00e. OTHER $ 151,532.00g. TOTAL Mitchell Assumma a. TYPED NAME OF AUTHORIZED REPRESENTATIVE:b. TITLE: (909) 384-5414 c. TELEPHONE NUMBER: 01/12/23 e. DATE SIGNED: Local Government, Municipal 2a. DATE SUBMITTED TO CORPORATION FOR NATIONAL AND COMMUNITY SERVICE (CNCS): 1. TYPE OF SUBMISSION: Non-Construction 5. APPLICATION INFORMATION NAME AND CONTACT INFORMATION FOR PROJECT DIRECTOR OR OTHER PERSON TO BE CONTACTED ON MATTERS INVOLVING THIS APPLICATION (give area codes): ADDRESS (give street address, city, state, zip code and county): A. AUGMENTATION B. BUDGET REVISION C. NO COST EXTENSION D. OTHER (specify below): 9. NAME OF FEDERAL AGENCY: Corporation for National and Community Service 13. PROPOSED PROJECT:14. CONGRESSIONAL DISTRICT OF: 15. ESTIMATED FUNDING:16. IS APPLICATION SUBJECT TO REVIEW BY STATE EXECUTIVE ORDER 12372 PROCESS? YES. THIS PREAPPLICATION/APPLICATION WAS MADE AVAILABLE TO THE STATE EXECUTIVE ORDER 12372 PROCESS FOR REVIEW ON: DATE: 17. IS THE APPLICANT DELINQUENT ON ANY FEDERAL DEBT? YES if "Yes," attach an explanation.NOX 18. TO THE BEST OF MY KNOWLEDGE AND BELIEF, ALL DATA IN THIS APPLICATION/PREAPPLICATION ARE TRUE AND CORRECT, THE DOCUMENT HAS BEEN DULY AUTHORIZED BY THE GOVERNING BODY OF THE APPLICANT AND THE APPLICANT WILL COMPLY WITH THE ATTACHED ASSURANCES IF THE ASSISTANCE IS AWARDED. APPLICATION FOR FEDERAL ASSISTANCE San Bernardino CA 92401 - 1734 NEW CONTINUATION AMENDMENTX 7b. 7a. 10/26/22 Local Government - Municipal f. PROGRAM INCOME $ 0.00 PART I - FACE SHEET Modified Standard Form 424 (Rev.02/07 to confirm to the Corporation's eGrants System)Application NEW/PREVIOUS GRANTEE 11.b. CNCS PROGRAM INITIATIVE (IF ANY): X NO. PROGRAM IS NOT COVERED BY E.O. 12372 d. SIGNATURE OF AUTHORIZED REPRESENTATIVE: Year #: X 2 a.Applicant b.Program CA 33 County: San Bernardino UEI NUMBER:EJLMHR1CMKM7 Packet Pg. 509 Page 2 For Official Use Only Narratives Executive Summary Strengthening Communities The City of San Bernardino RSVP proposes to have a total of 296 AmeriCorps Seniors volunteers who will support transportation programs, companionship programs, nutrition programs, senior services, Citizens on Patrol with the San Bernardino County Sheriff¿s Department, and California Highway Patrol (CHP). The primary focus areas of this project is Healthy futures. At the end of the three-year grant, AmeriCorps Seniors volunteers will be responsible for a minimum of 54 students and/or socially isolated reporting they have gotten better grades and/or are feeling less lonely. The AmeriCorps federal investment of $54,809 will be supplemented by the City of San Bernardino's match amount of $80,804 excluding excess funds. The county of San Bernardino, in which the San Bernardino RSVP operates, is the largest County in the geographical United States. It spans over 400 square miles and the County¿s 2,180,085 inhabitants the AmeriCorps Senior, San Bernardino RSVP will serve cities with a total population of approximately 747,519 as of 2019 from the US Census Bureau. The communities in the service area are known as the Inland Empire, High Desert, and San Bernardino Mountains. This area of San Bernardino County has a higher unemployment rate, a higher poverty rate ranging from 10.3% to 35.3% across these communities, a higher high school drop-out rate, and a lower median family income level at an average of $ 53,967 than the rest of the State and the Nation. In late 2019, the Corona Virus disease outbreak affected the United States and all around the world in more ways than one. A ¿Stay At Home'' order took place as a community mitigation strategy to reduce the spread of the virus in the country. To clarify the Governor's ¿Stay-At-Home'' order, California Acting State Health Officer, Eric Pan had issued a 10:00 p.m.-to-5:00 a.m. limited ¿stay at home¿ order on November 20th, 2020. The order was effective the next day, November 21, for the 41 of 58 California counties under the Purple Tier of California¿s Blueprint for a Safer Economy, which included San Bernardino County. According to the CDC, this public health practice caused States and territories that issued mandatory stay-at-home orders implications such as decreased population movement. The San Bernardino RSVP service area experienced a reduction of activities and close person-to-person contact outside the household. The community served were made up almost entirely of older adults, aged 50 or higher, and were found to be the most susceptible to this disease. As a result, members of the community were left with no other option than to take the precautionary measures needed to combat the spread of the virus. To combat this we have implemented the PAL program on a grander scale and Packet Pg. 510 Page 3 For Official Use Only Narratives Recruitment and Development created an opportunity with School on Wheels to provide remote tutoring through Zoom. PAL is a program designed to maintain contact with the socially isolated members of the community through scheduled phone calls from assigned volunteers. Many individuals felt lonely before the pandemic and even more faced severe isolation during it. It was important to continue the practice of safe social distancing during this time, so volunteers will be making the phone calls from home. This allows individuals to remain independent while still gaining the social support provided in a friendly phone call. School on Wheels is an LA-based program that has moved to the Inland Empire and provides tutoring and mentorship to homeless K-12 children. The opportunity to tutor has been on hold for the past year, but are moving the tutoring online for the safety of the volunteers and the children. Children use their school or library computers and connect with volunteers who have access to a home computer and high-speed internet. In the partnership with the City of San Bernardino AmeriCorps Senior RSVP, we have offered access to the computers at local senior centers, and the program is purchasing web cameras to open up the ability of our low-income senior volunteers to tutor and mentor these children in need. This will help support both companionship for the children, but also the volunteer who may feel isolated in these trying times. Partnering with the Jack L. Hill Lifelong Learning Center which is located in the city¿s public library will also be a volunteer opportunity for us to focus on academic success for those seeking homework help. These tutoring sessions can either be done in person or online as well. The San Bernardino RSVP will be assisting this Literacy program by providing them with the utmost qualified volunteers. Opening the Senior Center Garden is also a way to welcome back the volunteers after a long time of being away from the center. Volunteers enjoy the small luxury of having their garden to tend since many of them live in senior living homes that lack this amenity. Most importantly, they can connect with nature and with each other in a very open outdoor space, relieving stress while doing so. The new volunteer opportunities being presented in the San Bernardino RSVP service areas are an approach to maintaining healthy futures for independent living. Recruitment is completed through a variety of avenues, including community centers, posting on social media platforms such as Facebook and Instagram, All for Good, 211, a quarterly newsletter for the volunteers and volunteer sites, flyers, special events, street banners, and the City of San Bernardino website. As we rebuild our program after the changes COVID-19 has made to our program we will be working with our partners to find new ways to recruit volunteers as time goes on. The San Bernardino RSVP plan and infrastructure to ensure volunteers receive the training needed to Packet Pg. 511 Page 4 For Official Use Only Narratives be highly effective has been in effect for years with the San Bernardino County Sheriff¿s Department, California Highway Patrol, Loma Linda VA, City of San Bernardino Literacy Program at Norman Feldheym Central Library, City of San Bernardino Senior Nutrition Program. Senior Centers and School on Wheels. Training ranges from 4 hours for the City of San Bernardino Senior Nutrition Program to 40 hours with the California Highway Patrol and San Bernardino County Sheriff¿s Department. Additional training is provided throughout the year and as needed. We have found that training on-site provides a more highly effective and fulfilled volunteer and encourages a ¿best fit¿ placement. While the PAL (Phone Alert League) program has sparked interest in many volunteers, both old and new, a call list of individuals that need social connection will be required to fulfill its purpose. The staff has created flyers, brochures, and even aired a public service announcement on a local television channel through the city¿s media group to raise awareness of the program to gain both volunteers and ¿clients¿. The efforts made were successful in recruiting eager volunteers for this program, but staff will now be going into senior living complexes within the service areas to connect with the actual individuals in need of this service. The Advisory Council of Senior Programs is being revamped so that the members of the council are primarily made up of members of the community who would like to be involved and genuinely care for the success of both programs. To find these proactive individuals, staff will promote the Advisory Council of Senior Programs to college campuses and community centers through flyers, and will also be engaging in city programs such as ¿Coffee with a Cop¿, where members of the community come together and discuss community topics of interest. Rebuilding the council with devoted members can ensure we find the perfect match for the program¿s development. The Advisory Council of Senior Programs will be expected to help recruit volunteers, fundraise, event plan, and even administrate posts on social media. In exchange, we offer members of the Advisory Council of Senior Programs extensive leadership skills and experience with an organization that they can utilize to build their resumes. Through networking on social media and at other community events held within the year, we can partner with other proactive groups whose goal is also to support an underserved population. Advisory Council meetings are held quarterly, so to welcome the community at large, these meetings will be listed on the city¿s calendar which can be viewed on the city¿s website (www.SbCity.org). Staff also hosts an RSVP booth at the Inland Empire Senior Games Health and Senior Resource Fair. This is an annual event that is open to the public and offers the community a wide range of different Packet Pg. 512 Page 5 For Official Use Only Narratives services and resources which allows staff to engage with new faces and enlighten them with the many benefits of joining RSVP. Also in conjunction with the City of San Bernardino Parks, Recreation, and Community Services Department RSVP staff and volunteers are participants in the Veterans Day Parade and Resource Fair each November 11th. As events open up RSVP staff are working with community partners to become more prominent in the community as part of the rebranding of the program. THE DEMOGRAPHICS OF THE COMMUNITY SERVED AND PLANS TO RECRUIT A VOLUNTEER POOL REFLECTIVE OF THE COMMUNITY SERVED: The City of San Bernardino is partnering with local Hispanic and African American organizations to recruit minority volunteers from which we have larger populations to pull from. Staff is also using resources such as Google translator to communicate with the volunteers who speak different languages from our own. Promoting diversity and inclusion in the recruitment of volunteers starts with the uniqueness of staff. The San Bernardino RSVP is organized by different backgrounds instead of one type of person. Having a workforce that contains a diversity of age, marital status, work habits, educational backgrounds, race, socioeconomic status, points of view, and cultural interests, creates an environment that allows all kinds of different volunteers to succeed in service and contribute meaningfully. Based on this, the volunteer pool includes people from different backgrounds and is included in a way that goes beyond avoiding discrimination. The program actively involves people from different backgrounds and empowers them to be a part of RSVP. Recognizing the potential in every person no matter their religious belief, ethnicity, or gender brings a sense of belonging to everyone. That is why a diverse range of volunteer opportunities are offered because different kinds of people are attracted to different kinds of roles that require different kinds of skill sets as well as different time commitments. Individuals with disabilities can serve right in the comfort of their homes, serving the role of a phone alert league. Recruiting from individuals who use the community¿s services, such as but not limited to community food distribution, PAL, and senior nutrition. It¿s a very natural desire among many to want to give back to those that give to us. This strategy welcomes those with different socioeconomic backgrounds, disabilities, and immigration statuses to join forces with the San Bernardino RSVP. PLAN AND INFRASTRUCTURE TO RETAIN AND RECOGNIZE THE RSVP VOLUNTEERS To retain volunteers, project staff administers the San Bernardino RSVP service satisfaction survey to Packet Pg. 513 Page 6 For Official Use Only Narratives Program Management gather information once a year regarding the volunteer¿s level of satisfaction with RSVP in general, as well as their volunteer station sites. All input is reviewed by the RSVP Program Manager and all areas of dissatisfaction and satisfaction are addressed as able. Monthly birthday and occasional greeting cards will be sent out as a way to personally connect and build a good rapport with volunteers. The San Bernardino RSVP holds an annual RSVP Recognition Luncheon for all volunteers. Each volunteer is recognized for their years of volunteer service, which includes a full lunch, awards given for years of service, goodie bags, and raffle prizes for the attendees as able. To have more volunteers attend the recognition, two separate recognition events are held, one in the High Desert and one in the Inland Empire. What was once an annual newsletter will now be a quarterly newsletter to keep volunteers up to date with events and news. This was a decision made by staff so that volunteers can have more to look forward to throughout the year. In the quarterly newsletter, volunteers are profiled and recognized for their outstanding community service achievements. The San Bernardino RSVP will also be participating in the city¿s 21st Annual Veteran¿s Salute and Parade organized by the Parks, Recreation, and Community Development Services Department. This is an opportunity that showcases the dual honor of serving our veterans as well as serving beside them in the program. Understanding that volunteer service contributes millions of dollars to the economy is one of the top reasons why the San Bernardino RSVP invests in its volunteers in return. Creating the ¿RSVP Brand Ambassador¿ to represent the organization not only helps shape the direction of the program but also happens to motivate the volunteer to be just as invested in our outcomes. The ambassador role is meant for volunteers who are exceptionally skilled in recruiting other volunteers. At times, they¿ll be invited to help promote our organization at fairs, sites, and anywhere they feel is a great area to find potential volunteers. Reaching a sense of high importance will allow the ambassador to appreciate the opportunity to help the San Bernardino RSVP grow. Each volunteer station is required to complete a Memorandum of Understanding (MOU). The MOU of the San Bernardino RSVP lists the expectations of the volunteer station to align it with program regulations. Program staff works to cultivate a positive open relationship with volunteer site supervisors. Through routine station visits and direct interaction in the programs at the volunteer sites, the program staff guides work assignments to help prevent or identify prohibited activities. These visits are recorded on monitoring report forms with a follow-up action plan if corrective measures are warranted. The San Bernardino RSVP Volunteer Policies and Procedures Handbook is made available to all volunteers and volunteer stations which also provides additional clarification of the rules and Packet Pg. 514 Page 7 For Official Use Only Narratives regulations. As new regulations are introduced to the AmeriCorps Senior RSVP Program there is training through pamphlets or in-person training as needed. The RSVP Manager or Assistant schedules visits face-to-face, phone, or over Zoom on a routine basis, as well as case-by-case as needed. Communication with volunteers at their volunteer stations is another crucial part of the plan to track compliance with AmeriCorps Senior RSVP regulations. Direct observation of volunteer activities as we are able gives insight into the impact the volunteers provide for the community. The plan and infrastructure to ensure that volunteers are on target with their volunteer assignments are centered on weekly contact by the San Bernardino RSVP staff, supported by a written log, in/out process, and phone messaging system. The key to this communication success is to have volunteer site work with the San Bernardino RSVP staff to create complete and verifiable volunteer assignment descriptions that spell out clear volunteer performance expectations with time-sensitive deadlines. With the input, the San Bernardino RSVP staff work with Volunteer Site staff to build new programs or revamp existing programs to fit with the needs of the community and the San Bernardino RSVP national performance measures outcomes. All volunteer¿s, service activities, hours, mileage, and volunteer site stations information are tracked through timesheets and MOUs which are inputted into a database for easy recall and data point retention through the Volunteer Reporter, version 6.7. As stated in the San Bernardino RSVP policies and procedures: When making changes to volunteer stations to meet the changing needs of the community, San Bernardino RSVP staff will do all that possible to minimize the disruption to current volunteers and volunteer stations where able. (1) All current volunteers will be offered a new volunteer assignment within the San Bernardino RSVP realigned volunteer stations. (2) All current volunteers will be given the training and materials needed to make the move to their new volunteer assignment as smooth as possible. (3) Current volunteers who wish to remain with the graduates will be separated from the San Bernardino RSVP will continue to volunteer with their current volunteer station, without any benefits provided by the San Bernardino RSVP. (4) All stations which have been graduated will be provided with the contact information of another local volunteer organization, such as Volunteers of America, to help them meet the need of their respective program. The San Bernardino RSVP and SCP programs have joined to form one advisory council to support the needs of both programs. The advisory council disbanded due to COVID-19 restrictions, but as restrictions are relaxed we are hoping to get it up and going again. The advisory council meets quarterly, with the RSVP Program assistant acting as the staff liaison for all meetings. We are looking for members from both programs, volunteer sites, and the community at large. With the input from Packet Pg. 515 Page 8 For Official Use Only Narratives Organizational Capability the advisory council, the Program Managers direct the direction of the San Bernardino RSVP Program. The advisory council also does all fundraising for the two programs and they are expanding our recruitment profile in the communities we serve. An advisory council handbook has been created to ensure that all regulations of the advisory council are being met. The city of San Bernardino operates under a hybrid Mayor-Council-City Manager form of government. The Mayor is elected by the voters at large and is the CEO of the City; City Council by their respective wards; and the City Manager is appointed and is the Chief Administrative Officer. The Department of Parks, Recreation, and Community Services directly oversees the RSVP project, whereas the Finance Department¿s sole purpose is the application and enforcement of sound fiscal management practices and procedures regarding all city services. All-City Departments follow audited public common practice financial policies and procedures as outlined in the City¿s Financial Operations Manual. They are all subject to Council approval and are maintained by the Finance and City Managers Departments. The City¿s program-based 2022-2023 Fiscal Year operates July 1st through June 30th of the following year. The Finance Department is one of 14 city departments that act as the centralized and formal means of disseminating Cost Principle Guidelines, as well as Administrative Guidelines and Audit Guidelines to the rest of the city departments/divisions. The City maintains a high level of checks and balances in its fiscal management systems, including a hierarchy review and approval process designed to ensure accurate budget management and a timely fiscal reporting system for the Senior Services Division of the Department. The City utilizes a reliable and audited service delivery system that has effectively met or exceeded all prior years¿ performance objectives of AmeriCorps Senior. The City¿s Purchasing Division assists all departments in ensuring that internal procedures are in place for all accounts payable and receivables. Budget development and use are administered by the Parks, Recreation, and Community Services Department staff and further supported by the Finance Department Staff, especially for travel and mileage reimbursements for volunteers, and City Manager¿s Office. All project resources-both financial and in-kind are managed through policies and procedures set in place by the City of San Bernardino Finance Department; and are outlined in the Municipal Code 3.0 ¿ Purchasing System. All purchases are tracked by the use of a purchase order after the need has been determined, available funds have been verified and quotes have been obtained from local vendors to be awarded to the lowest responsive and responsible vendor. All purchase orders are submitted with proper documentation to be approved by the program staff supervisor and Director Packet Pg. 516 Page 9 For Official Use Only Narratives of the department. They are then forwarded onto the Finance Department who will once again review all submitted documents and determine budget availability for approval and seek City Manager, City Attorney, and Mayor and Common Council approvals as warranted. From there the purchase order is delivered to the vendor for services or materials to be received. Invoices for services or materials are then matched to the PO and processed through Accounts Payable in the Finance Department. All in- kind services, materials, and financial support for the program are tracked through receipts and deposit verification forms, subject to internal and external auditing, which, in turn, are issued via input into the City¿s New World financial management system. In-kind donations are managed by program staff through a process of documentation, tracking, and use. Clearly defined roles are in place to secure the integrity of the City and all its many partners. The City Manager¿s Office oversees most city services, including that of the RSVP and all grant-funded programs. In addition to other support staff, the Finance Department provides several Accountant positions (Annie Clark) whose duties are to maintain records of revenue and expense; examine supporting documentation to establish proper authorization and conformance with agreements, contracts, and state and federal regulations; and compile and prepare routine accounting schedules and reports. The Department of Parks, Recreation, and Community Services directly administers the RSVP project. From top-down, the Director/Department Head (Lydie Gutfeld) supervises the Community Recreation Manager (Mitch Assumma), who supervises the RSVP Manager (Nicolette Wilson), we are currently in the process of trying to hire a PT staff member to assist with the program. The Director of the Parks, Recreation, and Community Services Department reports to the City Manager. The RSVP Manager, Nicolette Wilson, has over 6years working with the San Bernardino Parks, Recreation and Community Services Department starting as a Summer Lunch Program monitor, which was federally funded; a leader and coordinator for the ¿Creative Before & Afterschool Program¿ (C.A.P.S), which is a state-funded grant program; and then as a Community Center supervisor, managing staff, planning programs, planning special events, and working with the public. Ms. Wilson transitioned to the position of San Bernardino RSVP Program Manager in August of 2022. Her responsibilities include, but are not limited to, recruitment of volunteers and volunteer sites, building public awareness and support for the RSVP, planning and implementing recognition for the volunteers, and completing reports for AmeriCorps Senior and the sponsors. A Senior Recreation Leader will be working part-time directly under Ms. Wilson, and their duties include, recruitment, special events, keeping records up to date both on paper and in Volunteer Packet Pg. 517 Page 10 For Official Use Only Narratives Reporter version 6.9 which is used to track volunteers, volunteer service activities, volunteer hours, and mileage, and volunteer sites information as well as many other duties as needed. Ms. Wilson has worked to build up the advisory council with new members throughout the communities we serve and has spearheaded the expansion of the PAL Program. The volunteers enjoy the youthful personality she brings to the program. The Community Recreation Manager (Mitch Assumma) has administered the RSVP in San Bernardino for over ten years, and he has over 30 years of experience in managing municipal services in the parks and recreation field, along with a Master¿s Degree in Public Administration. He has managed many grants and sponsorships in this professional tenure. The Director of Parks, Recreation and Community is responsible for the activities of its human resource, including recruitment, training, promotion, and retention; establishment of daily work schedules and routines, budget development and use; and communication of performance outcomes. The City of San Bernardino fiscal management procedures, including budget control, accounting systems, cash and banking procedures, payroll systems, and internal auditing, are operated, managed, and controlled through the City of San Bernardino Finance Department. The budget process is facilitated and administered annually via the Mayor, City Council, and City Administration. Variances in budgeted expenses are analyzed by the City Manager and Finance Departments. Reports on such data are disseminated quarterly. Individual City departments manage their budget and each Department Head is accountable to the City Manager. An independent auditor reviews city financial records annually. The 5th Street Senior Center houses both the Senior Companion Program and the Retired Senior and Volunteer Program, which is funded through the City¿s General Fund as the match. The 5th Street Senior Center is ADA compliant and is currently being used for senior services administration, training and meetings, senior lunch meals, community programs, special interest classes, and group rentals. The Center is fully outfitted with tables, chairs, furniture, kitchen equipment for full meal preparation, sound and PA system, and office management. All health and safety OSHA requirements are followed. The City¿s Facilities Division of the Public Works Department maintains all building maintenance. Equipment and supplies are purchased as needed through the City¿s chain of command, utilizing best practice principles. The City of San Bernardino as a municipal government operates under the State of California Code. The City of San Bernardino has managed RSVP for over 40 years and followed all grant requirements successfully in that long duration. Furthermore, the City has tightened all financial management systems and practices considerably since officially exiting Chapter 9 Bankruptcy in 2017. The City of Packet Pg. 518 Page 11 For Official Use Only Narratives Other San Bernardino Parks, Recreation, and Community Services Department is constantly seeking alternative finding resources in support of their community-serving mission. The detailed list below shows some of the grants received by our department (directly related to service programs). Senior Nutrition Program │ 1978 ¿ Present San Bernardino Head Start │ 1992 ¿ 2009 Nutrition Network Program │ 1998 ¿ Present San Bernardino Mentoring Program │ 1992 ¿ 2009 Retired and Senior Volunteer Program (RSVP) │ 1975 ¿ Present Senior Companion Program (SCP) │ 1975 ¿ Present The City of San Bernardino RSVP in particular has met or exceeded its required non-federal financial share of the project every year of the past 46 years of funding. The percentage of the cities non-federal financial share or match the past five years has been: 2017 ¿ 2018: 48.6%, 2018 ¿ 2019: 52.6%, 2019 ¿ 2020: 54.3%, 2020 ¿ 2021: 54.3%, 2021 ¿ 2022: 55.8%. This match is reflected through the in-kind contribution of space in-kind as well as matching funds to help support project personnel expenses and fringe benefits, supplies, volunteer travel, insurance, and recognition. The RSVP program is incorporating Diversity, Equity, Inclusion, and Access into the Program through its Volunteer Recruitment Plan in several ways. The City will try to recruit in a manner that matches the City's current census demographics in the areas of national origin, spoken language, gender orientation, and income. Additional efforts to recruit for volunteers of Hispanic and low- income backgrounds (ie. promotional material in Spanish, advertising to multi-family dwellings, presentations to various religious facilities, the Hispanic and African Chambers of Commerce, etc.) is in progress. In addition, DEIA topics will be added to the agenda of all training opportunities, especially the Quarterly Meets whereby guest speakers or representatives from an organization or agency with a DEIA mission can provide dialogue promoting greater awareness of these issues. We are also looking to establish new MOU's within the community who are of a more diverse background, for example, Women's clubs and churches, to not only increase volunteer numbers but also promote those work site activities. We currently host Senior Advisory Council meetings monthly and will be seeking their input for ways to expand our DEIA objectives. Furthermore, the RSVP Coordinator will be encouraged to seek out other DEIA training opportunities (workshops, reading materials), including that offered by the California Parks and Recreation Society, to share with our senior volunteers. Making a greater DEIA fingerprint in our Program is a challenge as many of the Packet Pg. 519 Page 12 For Official Use Only Narratives PNS Amendment (if applicable) foundations of volunteerism have been etched at by the effects of COVID-19 (isolationism, avoidance of public contact), high inflation, aging of the population and average volunteer age exceeding 70 years of age, transportation disparities, extended family care demands (childcare providers to grandchildren with no time for others), to name the most prevalent concerns. We are also hoping to find solutions to better retain senior-age volunteers in active Program service (free bus passes, distribution of PPE, refer no cost family resource services, provide personal health and safety care education, etc.). N/A Packet Pg. 520 Page 13 For Official Use Only Performance Measures % of Unduplicated Volunteers in Work Plans that result in Outcomes: % of Unduplicated in the Primary Focus Area: 23% 23% Healthy Futures Aging in Place 1 52 55 Objective: Number of Volunteer Stations:Anticipated Unduplicated Anticipated Volunteer 1.1 2.1 Performance Measure: Performance Measure: Focus Area: Companionship Companionship CompanionshipService Activity: Service Activity Description: An estimated number of 52 volunteers will be devoting 5 hours of their time weekly in at least 1 volunteer station and will be expected to provide 13,520 hours every year, offering the community a value of $347,734 to help individuals in need of social connection across our service areas. Primary Focus Area: Healthy Futures Objective: Aging in Place Community needs: As an approach to fulfill the community’s need for social engagement and interaction during the CoronaVirus pandemic, the city of San Bernardino’s RSVP program has reintroduced the Phone Alert League (PAL). Due to California’s state regulations for safe social distancing, many seniors in the surrounding communities lost access to many resources and services that were once provided to them and ended up becoming socially isolated from society, increasing the number of people who are now suffering from loneliness. This will provide a volunteer opportunity that is safe for both the volunteer and the community. The county of San Bernardino’s census from July 2019 showed a record of 11.9% of its population as persons who are of the age of 65 years and up. A recent study from the NIH shows that the elderly are more prone to developing signs of depression and decreased mental health well-being. As people age, they find themselves spending more time alone, which can make them more vulnerable to social isolation which can be associated with cognitive decline. Our goal is to try and help seniors so that they can live a more independent life by providing them with supportive and meaningful social connections. Many seniors find that when they can look forward to receiving a friendly call as often as requested, they can feel a part of society by engaging in conversations about current events within the community. A survey will be used to determine the effectiveness of the calls being made to these individuals to learn if they feel less lonely than before joining the program. An estimated number of 52 volunteers will be devoting 5 hours of their time weekly to at least 1 volunteer station and will be expected to provide 13,520 hours every year, offering the community a value of $347,734 to help individuals in need of social connection across our service areas. Community Need to be Addressed: H4A: Number of individuals servedAnticipated H9A: Number of individuals who report having increased social support or improved capacity for indeAnticipated 52 Tracking SystemTarget:How Measured: Instrument Description:Volunteer Agenda Book Tracking System52Target:How Measured: Instrument Description:Annual Survey Primary Focus Area:Healthy Futures Packet Pg. 521 Page 14 For Official Use Only Healthy Futures Aging in Place 2 10 10 Objective: Number of Volunteer Stations:Anticipated Unduplicated Anticipated Volunteer 2.1 3.1 Performance Measure: Performance Measure: Focus Area: Companionship N/A CompanionshipService Activity: Service Activity Description:Senior aged volunteers will conduct wellness calls to other seniors that are sick, shut in, socially isolated etc. about 2-3 times a week. On these wellness calls volunteers will provide resources to those who don't/can't leave the house and inform them on meal programs, health and wellness workshops senior aged activities and programming in the area, The City of San Bernardino and surrounding areas currently have a large population of senior aged persons that are sick, shut in, socially isolated, or doesn't have any family to do wellness checks or even provide resources for them. The number of that has increased since the start of the Covid-19 pandemic. The PAL (Phone Alert League) program is a program set up for senior aged volunteers at our community centers, and they get a phone list of other seniors that are socially isolated in their homes and conduct wellness calls, provides resources and information to them about all the programs going on in the community to better support their quality of life. Focus Area: Other Community Priorities Objective: Other Community Need: San Bernardino RSVP volunteers will be able to address current community priorities through volunteer opportunities in places like the Veterans Affairs Hospital, Senior Centers, Community Gardens, and Senior Nutrition Programs. Currently, about 34,626 inhabitants in this service area are veterans, which is why RSVP volunteers will be supporting them through service at the Loma Linda VA Hospital through companionship, food service, and transportation. About 12.6% of San Bernardino RSVP’s service area population are older adults 65 years and older according to the 2019 Census Bureau. Volunteering in senior centers will bring older adults together who like to keep busy and help execute the day-to-day functions and activities that are carried out through the centers. There are approximately 572,305 inhabitants within the service area who live in poverty. Volunteers assist in programs such as Community Food Distributions, as well as Hygiene Packs, provided by sponsors.RSVP volunteers support the Senior Nutrition Program in the Fifth Street Senior Center, Perris Hill Senior Center, and the Highland Community Need to be Addressed: Community Need to be Addressed: H4A: Number of individuals servedAnticipated H9A: Number of individuals who report having increased social support or improved capacity for indeAnticipated 4 Tracking SystemTarget:How Measured: Instrument Description:Timesheets 4Target:How Measured: Instrument Description: Packet Pg. 522 Page 15 For Official Use Only Other Community Priorities Healthy Futures Other Aging in Place 15 2 229 5 229 Objective: Objective: Number of Volunteer Stations: Number of Volunteer Stations: Anticipated Unduplicated Anticipated Unduplicated Anticipated Volunteer 3.1 4.1 Performance Measure: Performance Measure: Focus Area: Focus Area: N/A Companionship N/AService Activity: Service Activity Description:An estimated 234 volunteers are expected to serve 121,680 hours in other community priorities. Senior Volunteers are supporting the community by volunteering their time at surrounding senior centers in the community and support with programming like serving lunches, leading aerobics classes, knitting classes, taking care of the gardens every morning, conducting computer classes. Senior Center, where they help serve food to qualifying individuals. Starting the Senior Center Garden was a group project with plenty of RSVP volunteers hands on deck. After building a suitable garden for seniors at the Fifth Street Senior Center, volunteers will now be able to enjoy the benefits of gardening while creating a new program for the community to engage in. PAL-Program. RSVP Staff will implement volunteers at various station sites to conduct wellness checks via phone for those aging adults that are ill, bed ridden or socially isolated. RSVP staff will broker resources by conducting advisory council meetings and will gather resources to provide to volunteers to pass down to aging adults that are in need. Community Need to be Addressed: SC1: Grantee met their target for community priority activity (Yes/No) Anticipated --No outcome selected-- Anticipated 234 N/ATarget:How Measured: Instrument Description:timesheets Target:How Measured: Instrument Description: Packet Pg. 523 Page 16 For Official Use Only 10Anticipated Volunteer 4.1Performance Measure:Companionship CompanionshipService Activity: Service Activity Description:PAL- Phone Alert League H4A: Number of individuals servedAnticipated H9A: Number of individuals who report having increased social support or improved capacity for indeAnticipated 15 Tracking SystemTarget:How Measured: Instrument Description:Volunteer Reporter Tracking System15Target:How Measured: Instrument Description:Volunteer Reporter, Spread sheet Packet Pg. 524 Page 17 For Official Use Only Required Documents Applicant Operational and Financial Management Survey (OFMS) Document Name Already on File at CNCS Status Packet Pg. 525 Page 18 Packet Pg. 526 Page 1 For Official Use Only The purpose of this award is to assist the grantee in carrying out a national service program as authorized by the Domestic and Volunteer Service Act of 1973, as amended (42 U.S.C. Chapter 22). Purpose 94.002CFDA No.: 290 N D ST San Bernardino CA 92401-1734 22SRICA001Agreement No.: 1Amendment No.: San Bernardino, California, City of Grantee 956000772EIN: 04/01/2022 - 03/31/2025Performance Period: 04/01/2023 - 03/31/2025Budget Period: Corporation for National and Community ServiceNotice of Grant Award Award Information Terms of Acceptance: By accepting funds under this grant, recipient agrees to comply with General Terms and Conditions found at https://www.americorps.gov/sites/default/files/document/FY2023-General-Terms-Conditions-508-20221028.pdf and the Program Terms and Conditions found at 2023 Terms and Conditions for Retired and Senior Volunteer Program (RSVP) Grants (americorps.gov). Recipient also agrees to comply with assurances and certifications made in the grant application, supporting documents, and with applicable federal statutes, regulations and guidelines. Funding Information Previously Awarded This Year This Award/ Amendment $54,809 $0Total Obligated by CNCS Grantee's Unobligated Balance (Carryover) $0 $0 Total Available $54,809 $0 Total CNCS Funds Awarded to Date Cumulative Funding for Project Period Total Awarded in Previous Amendments $54,809 Retired and Senior Volunteer Program $109,618 250 E Street SW, Suite 300 Washington, DC 20525-0001 (202) 606-5000 Total Current Year $54,809 $0 $54,809 For Official Use Only Funding Source and Amount 2023--OPE1-P74-OPO-26000-4101 $54,809.00 Grant Year:2 Year 2 EJLMHR1CMKM7UEI: Award Description This award funds the approved 2023–24 RSVP program. Your 2023–24 statutory match is 30% and your budgetary match is 53.32%. Corporation for National and Community Service: Packet Pg. 527 Page 2 For Official Use Only CFDA No.: Stephanie Calderon Rogelio Armendariz 290 N D ST San Bernardino CA 92401-1734 22SRICA001Agreement No.: 1Amendment No.: San Bernardino, California, City of Grantee 956000772EIN: 04/01/2022 - 03/31/2025Performance Period: 04/01/2023 - 03/31/2025Budget Period: Paulette Supria Notice of Grant Award Award Information Senior Grants Officer Grants Officer Program Officer Retired and Senior Volunteer Program 03/20/2023 250 E Street SW, Suite 300 Washington, DC 20525-0001 (202) 606-5000 For Official Use Only Grant Year:2 Nicolette Wilson Project Director Mitchell Assumma Certifying Official/Executive Officer Signature Award Date San Bernardino, California, City of Legal Applicant EJLMHR1CMKM7UEI: Packet Pg. 528 Packet Pg. 529 Packet Pg. 530 Packet Pg. 531 Packet Pg. 532 1 3 8 9 CONSENT CALENDAR City of San Bernardino Request for Council Action Date:July 19, 2023 To:Honorable Mayor and City Council Members From:Charles E. McNeely, Interim City Manager; Darren Goodman, Chief of Police Department:Police Subject:Accept 2021 Homeland Security Grant (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Adopt Resolution No. 2023-106 authorizing the City Manager to accept the 2021 Homeland Security Grant Program funds and 2. Authorize the Agency Director of Administrative Services to amend the Fiscal Year 2023/24 Adopted Budget revenue and expenditures by $41,111. Background The City of San Bernardino is a participating jurisdiction in the Homeland Security Grant Program. The purpose of the grant program is the support of state, local, tribal, and territorial jurisdictions in the efforts toward preventing, protecting against, mitigating, responding to, and recovering from acts of terrorism or other threats. The Police Department has responsibility for this grant and has previously used HSGP grant funds to improve its response capabilities toward terrorism events. The City received $41,111 in HSGP funds for Fiscal Year 2021. Discussion The San Bernardino Police Department receives non-competitive formulary HSGP funds as a sub-recipient of the County of San Bernardino. The County charges an administrative fee of 5% and distributes the remaining grant funds among the cities and towns within the County. Each city’s portion is determined on a per capita basis and the City of San Bernardino’s award for FY2021 HSGP funds was $41,111. The HSGP grant is designed to fund projects related to preparing for, responding to, mitigating, and recovering from terrorism or other threats to homeland security. This is a reimbursement grant that is awarded each year. The grant performance period will last from July 1, 2022, through March 31, 2024. The Police Department will use the grant funds to complete grant projects that comply with grant terms and goals. Packet Pg. 533 1 3 8 9 2021-2025 Strategic Targets and Goals This request to authorize the receipt and expenditure of Fiscal Year 2021 HSGP funds aligns with Key Target No. 1: Improved Operational and Financial Capacity: Implement, maintain, and update a fiscal accountability plan. Fiscal Impact Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2023-106 authorizing the City Manager to accept the 2021 Homeland Security Grant Program funds and the Agency Director of Administrative Services to amend the Fiscal Year 2023/24 Adopted Budget revenue and expenditures by $41,111. Attachments Attachment 1 Resolution No. 2023-106 Attachment 2 HSGP Grant Agreement Documents Ward: All Wards Synopsis of Previous Council Actions: January 19, 2022 Mayor and City Council adopted Resolution No. 2022-08 to accept the FY2020 HSGP grant funds February 5, 2020 Mayor and City Council adopted Resolution No. 2020-29 to accept the FY2018 HSGP grant funds FINANCIAL DATA Current Fiscal Year:Next Fiscal Year:Total Cost:Ongoing Cost: COST $ 41,111 $ 0.00 $ 41,111 $ 0 GENERAL FUND SHARE $ 0 $ 0 $ 0 $ 0 SOURCE OF FUNDS: FY 2021 HSGP grant funds supply 100% of the cost of grant projects Budget Adjustment: Yes For Fiscal Year: 23/24 Packet Pg. 534 1 3 8 9 May 15, 2019 Mayor and City Council adopted Resolution No. 2019-69, authorizing the receipt and expenditure of FY2017 HSGP grant funds March 21, 2018 Mayor and City Council adopted Resolution No. 2018-68 authorizing the receipt and expenditure of the FY2016 HSGP grant funds Packet Pg. 535 Resolution No. 2023-106 Resolution 2023-106 July 19, 2023 Page 1 of 3 2 7 8 3 RESOLUTION NO. 2023-106 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO ACCEPT THE 2021 HOMELAND SECURITY GRANT PROGRAM FUNDS AND THE AGENCY DIRECTOR OF ADMINISTRATIVE SERVICES TO AMEND THE FISCAL YEAR 2023/24 ADOPTED BUDGET REVENUE AND EXPENDITURES BY $41,111. WHEREAS, The City of San Bernardino is a participating jurisdiction in the Homeland Security Grant Program (HSGP) and has used funds from the program to purchase equipment that enables the City to better prevent, protect against, mitigate, respond to, and recover from acts of terrorism or other threats; and WHEREAS, on August 29, 2022, the Police Department received notification that the City was awarded $41,111 in HSGP funds from the Fiscal Year 2021 grant program. 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 Manager is hereby authorized to accept the Fiscal Year 2021 HSGP grant in the amount of $41,111 and execute any documents as may be necessary to accept grant funds. SECTION 3. The Agency Director of Administrative Services is hereby authorized to amend the FY2023/24 Adopted Budget , appropriating $41,111 in revenue and expenditure. SECTION 4.The Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. SECTION 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. Packet Pg. 536 Resolution No. 2023-106 Resolution 2023-106 July 19, 2023 Page 2 of 3 2 7 8 3 APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 19th day of July 2023. Helen Tran, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney Packet Pg. 537 Resolution No. 2023-106 Resolution 2023-106 July 19, 2023 Page 3 of 3 2 7 8 3 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2023-106, adopted at a regular meeting held on the 19th day of July 2023 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ REYNOSO _____ _____ _______ _______ CALVIN _____ _____ _______ _______ ALEXANDER _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________ 2023. Genoveva Rocha, CMC, City Clerk Packet Pg. 538 Packet Pg. 539 Packet Pg. 540 Packet Pg. 541 Packet Pg. 542 Packet Pg. 543 Packet Pg. 544 Packet Pg. 545 Packet Pg. 546 Packet Pg. 547 Packet Pg. 548 Packet Pg. 549 Packet Pg. 550 Packet Pg. 551 Packet Pg. 552 Packet Pg. 553 Packet Pg. 554 Packet Pg. 555 Packet Pg. 556 Packet Pg. 557 Packet Pg. 558 Packet Pg. 559 Packet Pg. 560 Packet Pg. 561 Packet Pg. 562 Packet Pg. 563 Packet Pg. 564 Packet Pg. 565 Packet Pg. 566 Packet Pg. 567 Packet Pg. 568 Packet Pg. 569 CONSENT CALENDAR City of San Bernardino Request for Council Action Date:July 19, 2023 To:Honorable Mayor and City Council Members From:Darren Goodman, Chief of Police Department:Police Subject:Authorize Agreement with Law Enforcement Medical Services. Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager to execute a Professional Services Agreement between Law Enforcement Services, Inc. and authorize an annual Purchase Order in the amount of $100,000 effective July1st, 2023. Background The San Bernardino Police Department has contracted for medical evidence collection services; phlebotomy, Taser dart removal, sexual assault exams, etc. for over twenty-five years. Medical evidence collection is critical to successful prosecution of driving under the influence and felony assault cases. The County District Attorney may not proceed with these types of cases without the medical evidence collected by licensed professionals. Discussion The Police Department has published formal bid request for medical evidence collection services every three to five years, with the most current service agreement having expired on June 30, 2023. The Police Department went to open bid in May 2023 and vendor was not selected until after June 30, 2023. Consequently, staff requests that the effective agreement date on July 1st, 2023. A notice inviting bids (RFP F-23-44) was published May 3, 2023 on the City’s procurement site, Planet Bids. Law Enforcement Medical Services (LEMS) submitted the sole bid received, included hereto in Attachment 2. LEMS has been the City’s contract vendor for medical evidence collection since before 2000. Staff is recommending a three-year professional services agreement with two one-year renewal options with LEMS, included hereto in Attachment 1. Packet Pg. 570 Beginning in FY23/FY24, medical evidentiary expenditures are expected to total approximately $100,000. A portion of these expenditures are related to Sexual Assault Response Team (SART) exams. The cost of these examinations has increased significantly over the last three to four years; however, we have been advised that these exam costs are recoverable through the Cal OES Victim Services Branch. The Police Department anticipates recovering approximately $40,000 to $50,000 per fiscal year of this total annual contract amount. 2021-2025 Strategic Targets and Goals The contracting of services with Law Enforcement Medical Services, Inc., aligns with Goal No. 3.c.- Constantly evaluate public safety service delivery models to enhance the quality of service. Fiscal Impact The financial impact to the City is $100,000 per year. There is sufficient funding in the FY23/FY24 Operating Budget to support this item. Conclusion In is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager to execute a Professional Services Agreement with Law Enforcement Services, Inc. and authorize an annual Purchase Order in the amount of $100,000 effective July 1st, 2023. Attachments Attachment 1 – Professional Services Agreement Attachment 2 – RFP F-23-44, LEMS Price List Ward: All Wards Synopsis of Previous Council Actions: March 20, 2019 Mayor and City Council adopted Resolution No. 2019-39, authorizing an annual purchase order to Law Enforcement Medical Services, Inc November 17, 2014 Mayor and City Council adopted Resolution No. 2014-397, authorizing an annual purchase order Law Enforcement Medical Services, Inc. October 6, 2010 Mayor and City Council adopted Resolution No. 2010-334 authorizing an annual purchase order to Law Enforcement Medical Services, Inc. Packet Pg. 571 March 3, 2009 Mayor and City Council adopted Resolution No. 2009-41 authorizing an annual purchase order to Law Enforcement Medical Services, Inc. November 16, 2004 Mayor and City Council adopted Resolution No. 2004-360 authorizing an annual purchase order to Law Enforcement Medical Services, Inc. November 16, 2003 Mayor and City Council adopted Resolution No. 2003-303 authorizing an annual purchase order to Law Enforcement Medical Services, Inc. December 20, 2000 Mayor and City Council adopted Resolution No. 2000-354 authorizing an annual purchase order to Law Enforcement Medical Services, Inc. Packet Pg. 572 1 PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND LAW ENFORCEMENT MEDICAL SERVICE INC This Agreement is made and entered into as of July 1, 2023, by and between the City of San Bernardino, a charter city and municipal corporation organized and operating under the laws of the State of California with its principal place of business at Vanir Tower, 290 North D Street, San Bernardino, CA 92401 (“City”), and LAW ENFORCEMENT MEDICAL SERVICES INC, a CORPORATION with its principal place of business at 8285 Sierra Ave #107, Fontana, CA. 92335-3550 (hereinafter referred to as “Consultant”). City and Consultant are hereinafter sometimes referred to individually as “Party” and collectively as the “Parties.” RECITALS A. City is a public agency of the State of California and is in need of professional services for the following project: Medical Evidence Collection (hereinafter referred to as “the Project”). B. Consultant is duly licensed and has the necessary qualifications to provide such services. C. The Parties desire by this Agreement to establish the terms for City to retain Consultant to provide the services described herein. NOW, THEREFORE, IT IS AGREED AS FOLLOWS: AGREEMENT 1. Incorporation of Recitals. The recitals above are true and correct and are hereby incorporated herein by this reference. 2. Services. Consultant shall provide the City with the services described in the Scope of Services attached hereto as Exhibit “A.” 3. Professional Practices. All professional services to be provided by Consultant pursuant to this Agreement shall be provided by personnel identified in their proposal. Consultant warrants that Consultant is familiar with all laws that may affect its performance of this Agreement and shall advise City of any changes in any laws that may affect Consultant’s performance of this Agreement. Consultant further represents that no City employee will provide any services under this Agreement. 4. Compensation. a. Subject to paragraph 4(b) below, the City shall pay for such services in accordance with the Schedule of Charges set forth in Exhibit “A.” b. In no event shall the total amount paid for services rendered by Packet Pg. 573 2 Consultant under this Agreement exceed the sum of $100,000.00 annually. This amount is to cover all related costs, and the City will not pay any additional fees for printing expenses. Consultant may submit invoices to City for approval. Said invoice shall be based on the total of all Consultant’s services which have been completed to City’s sole satisfaction. City shall pay Consultant’s invoice within forty-five (45) days from the date City receives said invoice. The invoice shall describe in detail the services performed and the associated time for completion. Any additional services approved and performed pursuant to this Agreement shall be designated as “Additional Services” and shall identify the number of the authorized change order, where applicable, on all invoices. 5. Additional Work. If changes in the work seem merited by Consultant or the City, and informal consultations with the other party indicate that a change is warranted, it shall be processed in the following manner: a letter outlining the changes shall be forwarded to the City by Consultant with a statement of estimated changes in fee or time schedule. An amendment to this Agreement shall be prepared by the City and executed by both Parties before performance of such services, or the City will not be required to pay for the changes in the scope of work. Such amendment shall not render ineffective or invalidate unaffected portions of this Agreement. a. Adjustments. No retroactive price adjustments will be considered. Additionally, no price increases will be permitted during the first year of this Agreement, unless agreed to by City and Consultant in writing. 6. Term. This Agreement shall commence on the Effective Date and continue through the June 30, 2026, with a two (2) year option to extend. 7. Maintenance of Records; Audits. a. Records of Consultant’s services relating to this Agreement shall be maintained in accordance with generally recognized accounting principles and shall be made available to City for inspection and/or audit at mutually convenient times for a period of four (4) years from the Effective Date. b. Books, documents, papers, accounting records, and other evidence pertaining to costs incurred shall be maintained by Consultant and made available at all reasonable times during the contract period and for four (4) years from the date of final payment under the contract for inspection by City. 8. Time of Performance. Consultant shall perform its services in a prompt and timely manner and shall commence performance upon receipt of written notice from the City to proceed. Consultant shall complete the services required hereunder within Term. 9. Delays in Performance. a. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non-performing Party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A Force Majeure Event shall mean an event that Packet Pg. 574 3 materially affects the Consultant’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the services); and (4) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety. b. Should a Force Majeure Event occur, the non-performing Party shall, within a reasonable time of being prevented from performing, give written notice to the other Party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Delays shall not entitle Consultant to any additional compensation regardless of the Party responsible for the delay. c. Notwithstanding the foregoing, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement. 10. Compliance with Law. a. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local government, including Cal/OSHA requirements. b. If required, Consultant shall assist the City, as requested, in obtaining and maintaining all permits required of Consultant by federal, state and local regulatory agencies. c. If applicable, Consultant is responsible for all costs of clean up and/ or removal of hazardous and toxic substances spilled as a result of his or her services or operations performed under this Agreement. 11. Standard of Care. Consultant’s services will be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions. Consultant’s performance shall conform in all material respects to the requirements of the Scope of Work 12. Conflicts of Interest. During the term of this Agreement, Consultant shall at all times maintain a duty of loyalty and a fiduciary duty to the City and shall not accept payment from or employment with any person or entity which will constitute a conflict of interest with the City. 13. City Business Certificate. Consultant shall, prior to execution of this Agreement, obtain and maintain during the term of this Agreement a valid business registration certificate from the City pursuant to Title 5 of the City’s Municipal Code and Packet Pg. 575 4 any and all other licenses, permits, qualifications, insurance, and approvals of whatever nature that are legally required of Consultant to practice his/her profession, skill, or business. 14. Assignment and Subconsultant. Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. Nothing contained herein shall prevent Consultant from employing independent associates and subconsultants as Consultant may deem appropriate to assist in the performance of services hereunder. 15. Independent Consultant. Consultant is retained as an independent contractor and is not an employee of City. No employee or agent of Consultant shall become an employee of City. The work to be performed shall be in accordance with the work described in this Agreement, subject to such directions and amendments from City as herein provided. Any personnel performing the work governed by this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, and workers’ compensation insurance. 16. Insurance. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section. a. Additional Insured The City of San Bernardino, its officials, officers, employees, agents, and volunteers shall be named as additional insureds on Consultant’s and its subconsultants’ policies of commercial general liability and automobile liability insurance using the endorsements and forms specified herein or exact equivalents. b. Commercial General Liability (i) The Consultant shall take out and maintain, during the performance of all work under this Agreement, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies acceptable to the City. (ii) Coverage for Commercial General Liability insurance shall be at least as broad as the following: Insurance Services Office Commercial General Liability Packet Pg. 576 5 coverage (Occurrence Form CG 00 01) or exact equivalent. (iii) Commercial General Liability Insurance must include coverage for the following: (1) Bodily Injury and Property Damage (2) Personal Injury/Advertising Injury (3) Premises/Operations Liability (4) Products/Completed Operations Liability (5) Aggregate Limits that Apply per Project (6) Explosion, Collapse and Underground (UCX) exclusion deleted (7) Contractual Liability with respect to this Contract (8) Broad Form Property Damage (9) Independent Consultants Coverage (iv) The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to the Agreement. (v) The policy shall give City, its elected and appointed officials, officers, employees, agents, and City-designated volunteers additional insured status using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage. (vi) The general liability program may utilize either deductibles or provide coverage excess of a self-insured retention, subject to written approval by the City, and provided that such deductibles shall not apply to the City as an additional insured. c. Automobile Liability (i) At all times during the performance of the work under this Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, in a form and with insurance companies acceptable to the City. (ii) Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto). (iii) The policy shall give City, its elected and appointed officials, officers, employees, agents and City designated volunteers additional insured status. (iv) Subject to written approval by the City, the automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the City as an additional insured, but not a self-insured retention. Packet Pg. 577 6 d. Workers’ Compensation/Employer’s Liability (i) Consultant certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing work under this Agreement. (ii) To the extent Consultant has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Consultant shall maintain full compensation insurance for all persons employed directly by him/her to carry out the work contemplated under this Agreement, all in accordance with the “Workers’ Compensation and Insurance Act,” Division IV of the Labor Code of the State of California and any acts amendatory thereof, and Employer’s Liability Coverage in amounts indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the period required by this Agreement, workers’ compensation coverage of the same type and limits as specified in this section. e. Professional Liability (Errors and Omissions) At all times during the performance of the work under this Agreement the Consultant shall maintain professional liability or Errors and Omissions insurance appropriate to its profession, in a form and with insurance companies acceptable to the City and in an amount indicated herein. This insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Consultant. “Covered Professional Services” as designated in the policy must specifically include work performed under this Agreement. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer's duty to defend. f. Privacy/Network Security (Cyber) At all times during the performance of the work under this Agreement, the Consultant shall maintain privacy/network security insurance for: (1) privacy breaches, (2) system breaches, (3) denial or loss of service, and the (4) introduction, implantation or spread of malicious software code, in a form and with insurance companies acceptable to the City. At all times during the performance of the work under this Agreement, the Consultant shall maintain Aviation and/or Drone Liability insurance for bodily injury and property damage, in a form and with insurance companies acceptable to the City. g. Minimum Policy Limits Required (i) The following insurance limits are required for the Agreement: Packet Pg. 578 7 Combined Single Limit Commercial General Liability $2,000,000 per occurrence/$4,000,000 aggregate for bodily injury, personal injury, and property damage Automobile Liability $1,000,000 per occurrence for bodily injury and property damage Employer’s Liability $1,000,000 per occurrence Professional Liability $1,000,000 per claim and aggregate (errors and omissions) Cyber Liability $1,000,000 per occurrence and aggregate (ii) Defense costs shall be payable in addition to the limits. (iii) Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement. h. Evidence Required Prior to execution of the Agreement, the Consultant shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of Insurance (Acord Form 25-S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance. i. Policy Provisions Required (i) Consultant shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Consultant shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non-payment of the premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration. Packet Pg. 579 8 (ii) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Consultant’s policy is primary insurance and that any insurance, self-insurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss. (iii) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims-made policy with a retroactive date subsequent to the effective date of this Agreement. (iv) All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to provide waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants. (v) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law. j. Qualifying Insurers (i) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements: (1) Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law. k. Additional Insurance Provisions (i) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including, but not limited to, the provisions concerning indemnification. Packet Pg. 580 9 (ii) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (iii) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (iv) Neither the City nor the City Council, nor any member of the City Council, nor any of the officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement. l. Subconsultant Insurance Requirements. Consultant shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this section. Policies of commercial general liability insurance provided by such subcontractors or subconsultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants. 17. Indemnification. a. To the fullest extent permitted by law, Consultant shall defend (with counsel reasonably approved by the City), indemnify and hold the City, its elected and appointed officials, officers, employees, agents, and authorized volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s services, the Project, or this Agreement, including without limitation the payment of all damages, expert witness fees, attorneys’ fees and other related costs and expenses. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the City. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, the City Council, members of the City Council, its employees, or authorized volunteers. Consultant’s indemnification obligation shall survive the expiration or earlier termination of this Agreement. b. If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to the extent which the Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant in the performance of Packet Pg. 581 10 the services or this Agreement, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault. 18. California Labor Code Requirements. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects. If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, Consultant agrees to fully comply with such Prevailing Wage Laws, if applicable. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). 19. Verification of Employment Eligibility. By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subconsultants and sub-subconsultants to comply with the same. 20. Laws and Venue. This Agreement shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of San Bernardino, State of California. 21. Termination or Abandonment a. City has the right to terminate or abandon any portion or all of the work under this Agreement by giving ten (10) calendar days’ written notice to Consultant. In such event, City shall be immediately given title and possession to all original field notes, drawings and specifications, written reports and other documents produced or developed for that portion of the work completed and/or being abandoned. City shall pay Consultant the reasonable value of services rendered for any portion of the work completed prior to termination. If said termination occurs prior to completion of any task for the Project for which a payment request has not been received, the charge for services performed during such task shall be the reasonable value of such services, based on an amount mutually agreed to by City and Consultant of the portion of such task completed but not paid prior to said termination. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Consultant shall not be entitled Packet Pg. 582 11 to payment for unperformed services and shall not be entitled to damages or compensation for termination of work. b. Consultant may terminate its obligation to provide further services under this Agreement upon thirty (30) calendar days’ written notice to City only in the event of substantial failure by City to perform in accordance with the terms of this Agreement through no fault of Consultant. 22. Attorneys’ Fees. In the event that litigation is brought by any Party in connection with this Agreement, the prevailing Party shall be entitled to recover from the opposing Party all costs and expenses, including reasonable attorneys’ fees, incurred by the prevailing Party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof. The costs, salary, and expenses of the City Attorney’s Office in enforcing this Agreement on behalf of the City shall be considered as “attorneys’ fees” for the purposes of this Agreement. 23. Responsibility for Errors. Consultant shall be responsible for its work and results under this Agreement. Consultant, when requested, shall furnish clarification and/or explanation as may be required by the City’s representative, regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable to Consultant’s professional services occurs, Consultant shall, at no cost to City, provide all other services necessary to rectify and correct the matter to the sole satisfaction of the City and to participate in any meeting required with regard to the correction. 24. Prohibited Employment. Consultant shall not employ any current employee of City to perform the work under this Agreement while this Agreement is in effect. 25. Costs. Each Party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein. 26. Documents. Except as otherwise provided in “Termination or Abandonment,” above, all original field notes, written reports, Drawings and Specifications and other documents, produced or developed for the Project shall, upon payment in full for the services described in this Agreement, be furnished to and become the property of the City. 27. Organization. Consultant shall assign Kris Rowney as Project Manager. The Project Manager shall not be removed from the Project or reassigned without the prior written consent of the City. 28. Limitation of Agreement. This Agreement is limited to and includes only the work included in the Project described above. 29. Notice. Any notice or instrument required to be given or delivered by this Agreement may be given or delivered by depositing the same in any United States Post Packet Pg. 583 12 Office, certified mail, return receipt requested, postage prepaid, addressed to the following addresses and shall be effective upon receipt thereof: CITY: City of San Bernardino Vanir Tower, 290 North D Street San Bernardino, CA 92401 Attn: Michele Mahan, Lieutenant With Copy To: City of San Bernardino Vanir Tower, 290 North D Street San Bernardino, CA 92401 Attn: City Attorney CONSULTANT: Law Enforcement Medical Services Inc 8285 Sierra Ave #107 Fontana, CA. 92335-3550 Attn: Kris Rowney, President 30. Third Party Rights. Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the City and the Consultant. 31. Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. 32. Entire Agreement. This Agreement, including Exhibit “A,” represents the entire understanding of City and Consultant as to those matters contained herein, and supersedes and cancels any prior or contemporaneous oral or written understanding, promises or representations with respect to those matters covered hereunder. Each Party acknowledges that no representations, inducements, promises, or agreements have been made by any person which are not incorporated herein, and that any other agreements shall be void. This is an integrated Agreement. 33. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance, and the remaining provisions of this Agreement shall remain in full force and effect. 34. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors in interest, executors, administrators and assigns of each Party to this Agreement. However, Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties or obligations without the prior written consent of City. Any attempted assignment without such consent shall be invalid and void. Packet Pg. 584 13 35. Non-Waiver. The delay or failure of either Party at any time to require performance or compliance by the other Party of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought. The waiver of any right or remedy with respect to any occurrence or event shall not be deemed a waiver of any right or remedy with respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver. 36. Time of Essence. Time is of the essence for each and every provision of this Agreement. 37. Headings. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain, or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement. 38. Amendments. Only a writing executed by all of the Parties hereto or their respective successors and assigns may amend this Agreement. 39. City’s Right to Employ Other Consultants. City reserves its right to employ other consultants, including engineers, in connection with this Project or other projects. 40. Prohibited Interests. Consultant maintains and warrants that it has neither employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid, nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 41. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one single Agreement. 42. Authority. The persons executing this Agreement on behalf of the Parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said Parties and that by doing so, the Parties hereto are formally bound to the provisions of this Agreement. 43. Electronic Signature. Each Party acknowledges and agrees that this Agreement may be executed by electronic or digital signature, which shall be considered as an original signature for all purposes and shall have the same force and effect as an original signature. Packet Pg. 585 14 44. Disciplinary Actions in Phases for Non-Performance. Failure for Consultant to perform its obligations under this Agreement or comply with the Performance Indicators may result in disciplinary action as follows: (i) Informal Warning (Written or Verbal). Consultant is given a warning in regard to non-performance. If a verbal warning is issued, it will be confirmed with an electronic correspondence to the Consultant. (ii) Formal Written Warning. A formal written warning is issued to Consultant pursuant to Section 29 of this Agreement. Consultant must respond within 5 to 10 days of receipt of the formal warning. Upon response from the Consultant, Consultant shall be provided a reasonable time to make corrections to their performance. This time period (iii) Formal Penalty Issued. A penalty of 15% of the Consultant’s current invoice amount or annual contract amount is deducted for non-performance after previous warnings have been issued. (iv) Termination of Contract. If the performance has not been corrected after all warnings and previous penalties have been exhausted, City may terminate the contract pursuant to Section 21 of this Agreement. [SIGNATURES ON FOLLOWING PAGE] Packet Pg. 586 15 SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND LAW ENFORCEMENT MEDICAL SERVICES INC IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above. CITY OF SAN BERNARDINO APPROVED BY: Charles E. McNeely Interim City Manager ATTESTED BY: Genoveva Rocha, CMC City Clerk APPROVED AS TO FORM: Best Best & Krieger LLP City Attorney LAW ENFORCEMENT MEDICAL SERVICES INC Signature Name Title Packet Pg. 587 16 EXHIBIT A SCOPE OF SERVICES Law Enforcement Medical Services Inc (LEMS) shall provide qualified medical personnel to perform medical evidence collection services in support of the City of San Bernardino Police Department. Contracted services shall be provided on an on-call basis, 24 hours per day seven days per week including holidays. Law Enforcement Medical Services Inc shall perform ALL of the required services. REQUIREMENTS Contracted services include but are not limited to: • On-call services 24 hours per day, 7 days per week, including holidays. • Sexual assault examinations for victims at an appropriate Sexual Assault Response Team (SART) facility under contract with LEMS. • Blood draws, urine sample collection, TASER dart removal, rape kit examinations on suspects, DNA evidence collection kits and other requested services at the San Bernardino Police Department or other requested locations. • Current duty roster with name and phone number of on-call nurse and at least on back-up nurse shall be provided to the San Bernardino Police Department. • LEMS personnel shall have a response time of 30 minutes for Phlebotomist and 30 minutes (ideal) to 60 minutes (maximum acceptable) for SART exams. Response time is defined as the time lapse from point of contact with on-call nurse to their arrival at requested location. • LEMS personnel shall be certified in collecting and preserving evidence. SART personnel shall complete a 40-hour training course and be certified as meeting SART nurse examiner guidelines by a hospital or medical training facility providing such training and certification. Phlebotomists shall complete an 8-hour training course, conduct a minimum of 10 supervised blood draws and be certified as meeting Phlebotomists guidelines by a hospital, technical medical school or medical training facility. • Before award of contract, LEMS shall provide written proof of all required training, copies of all licenses and certificates required by law, as well as written copy of LEMS procedures (chain of custody) for the collection, preservation and transportation of evidence collected during examinations. • An appropriate SART facility is defined as a medical facility or doctor’s office having a professional appearance and being equipped to handle all medical demands that may arise during a SART EXAMINATION. The City reserves the right to inspect the SART facility to make a determination that the facility meets the minimum technical standards. SART AND SUSPECT RAPE EXAMINATIONS • Completed SART and suspect rape kits shall be given to the requesting officer to store as evidence. • An additional blood sample shall be drawn in a medically acceptable manner for the purpose of testing for sexually transmitted diseases at a private laboratory. Packet Pg. 588 17 • LEMS must have arrangements with a private laboratory certified to perform all mandatory testing for sexually transmitted diseases on blood samples drawn during SART and rape kit examinations. • Mandatory testing shall include Chlamydia, HIV Syphilis, Gonorrhea, and Pregnancy testing. LEMS SHALL BE RESPONSIBLE FOR COMPENSATING THE LABORATORY FOR PERFORMING ALL LABORATORY TESTS. • Optional testing, as requested by the Police Department, may include Rohypnol and Methylenedioximetamphetamine (MDMA-commonly known as Ecstasy) or other drugs that may have contributed to the victim being sexually assaulted. LEMS shall coordinate the transfer of blood samples to a laboratory designed by the Police Department. The City shall bear all costs associated with these optional tests. • LEMS shall ensure that the laboratory notifies individuals of any health issues arising from mandatory tests. • LEMS shall ensure that copies of all test results are forwarded to the Police Department. BLOOD DRAWS • Blood draws to measure the toxicity of individuals arrested for being under the influence of narcotics and/or alcohol shall be drawn using medically acceptable practices. • The vial containing the drawn blood sample shall be given to the requesting officer to store as evidence. SUPPLIES • LEMS shall furnish all equipment and supplies necessary for the performance of the contract with the exception of sex kits and DNA evidence kits that will be provided by the City. DISPOSAL OF WASTE • LEMS shall dispose of all needles and medical waste at no additional cost to the City. BILLING PROCEDURES • LEMS shall forward invoices on a monthly basis, providing case number, date of service, patient name and copy of information sheet filled out by the investigating officer. Invoices shall be received no later than the 15th day following the end of the month. Payment shall be due to the LEMS within 30 days of receipt of invoice. DELIVERY Delivery of ordered materials must be without unreasonable delay. Packet Pg. 589 18 SCHEDULE OF CHARGES COMPANY NAME Law Enforcement Medical Services Inc ADDRESS 8285 Sierra Ave #107 Fontana CA 92335 NAME OF AUTHORIZED Kris Rowney REPRESENTATIVE PRICE FORM Medical Evidence Collection #DESCRIPTION QTY FEE 1 Phlebotomy-monthly on call fee Each $350 2 Blood Draw Each $80 3 Blood ETOH draw Each $80 4 Blood ETOH draw kit fee Each N/C 5 Forced blood draw Each $95 6 Dry Run Each $75 7 SART – monthly on call fee Each $500 8 SART Each $1,127 9 SART – dry run Each $600 10 Rape suspect Each $600 11 Rape suspect: dry run Each $300 12 Taser Removal Each $250 13 Taser – dry run Each $125 14 Urine Each $75 Packet Pg. 590 REQUEST FOR PROPOSALS FOR CITY OF SAN BERNARDINO FOR RFP F-23-44 MEDICAL EVIDENCE COLLECTION CITY OF SAN BERNARDINO 290 North D Street San Bernardino, California 92401 Telephone: (909) 384-7272 https://www.ci.san-bernardino.ca.us/ Attachment 2 Packet Pg. 591 1 CITY OF SAN BERNARDINO NOTICE INVITING PROPOSALS RFP NO. RFP F-23-44 MEDICAL EVIDENCE COLLECTION PUBLIC NOTICE IS HEREBY GIVEN that proposals will be received by the City of San Bernardino (“City”) electronically through the City’s online bid management provider (“Planetbids”) until 3:00 pm May 30, 2023. Proposals may NOT be submitted by fax, email, telephone, mail, hand delivery, or other means; any Proposals received through any means other than Planetbids will be returned to the Vendor unopened. The City is requesting proposals to provide: Medical Evidence Collection The award of this contract is subject to available budget adequate to carry out the provisions of the proposed agreement including the identified scope of work. The City reserves the right to reject any or all proposals determined not to be in the best interest of the City. . Interested proposers may download copies of the Request for Proposals (“RFP”) by visiting the City’s web site, https://www.ci.san-bernardino.ca.us/. All addenda will be published on the City’s website. For more information regarding the RFP, please contact: City of San Bernardino, Purchasing Division www.purchasing@sbcity.org Attachment 2 Packet Pg. 592 2 CITY OF SAN BERNARDINO REQUEST FOR PROPOSALS MEDICAL EVIDENCE COLLECTION I. BACKGROUND AND INTRODUCTION The City of San Bernardino (“City”) is requesting proposals from qualified firms1 (“Proposers”) for Medical Evidence Collection services (“Services”). To serve and promote the welfare of its residents, the City intends to procure the Services, as described below. II. REQUEST FOR PROPOSALS A. Scope of Services The Services sought under this Request for Proposals (“RFP”) are set forth in more detail in Exhibit “A”, attached hereto and incorporated herein by this reference. Notwithstanding the inclusion of such Services in Exhibit “A”, the final scope of Services negotiated between City and the successful Proposer shall be set forth in the Professional Service (“Agreement”) executed by and between City and the successful Proposer. A copy of the Agreement is attached hereto as Exhibit “B” and incorporated herein by this reference. B. City Contact for this RFP The principal contact for the City regarding this RFP will be Michelle Parra, Buyer for the Purchasing Division, purchasing@sbcity.org or a designated representative, who will coordinate the assistance to be provided by the City to the Proposer. C. Requests for Clarification All questions, requests for interpretations or clarifications, either administrative or technical, must be requested in writing and directed to the City Contact for this RFP, identified above. All written questions, if answered, will be issued to all prospective proposers via e-mail notification from Planetbids. Oral statements regarding this RFP by any persons should be considered unverified information unless confirmed in writing. To ensure a response, questions must be submitted to Planetbids by Wednesday, May 10, 2023, by 3:00 p.m. local time on the date identified in the Proposal Schedule. Each Proposer is responsible for ensuring that it has received all addenda, clarifications, supplemental information and responses to questions prior to submitting a proposal. D. Pre-Proposal Meeting N/A 1Use of the term “firm” shall mean individual proprietorship, partnership, Limited Liability Company, corporation or joint venture. Attachment 2 Packet Pg. 593 3 E. Content and Format of Proposal Proposals shall be concise, well organized and demonstrate qualifications and applicable experience. Proposals shall include one (1) electronic proposal submitted to Planetbids. Proposals shall be organized, tabbed, and numbered in the order presented below. Proposals must include page numbers for all pages in the proposal. Proposals shall be in the following order and shall include: 1. Executive Summary: (limit: 1 page) Summarize the content of your proposal in a clear and concise manner. 2. Table of Contents: (limit: 1 page) 3. Identification of Proposer: (limit: 1 page) a. Legal name and address of the company. b. Legal form of company (partnership, corporation). c. If company is a wholly owned subsidiary of a “parent company,” identify the “parent company.” d. Name, title, address and telephone number of the proposed representative to contact concerning the Proposal Submittal. e. California Business License Number 4. Staffing Resources: (limit: 2 pages) a. Firm Staffing and Key Personnel (i) Provide the number of staff to be assigned to perform the Services and the names/discipline/job title of each as well as your firm’s capacity to provide additional personnel as needed. (ii) Identify three (3) persons that shall be principally responsible for working with the City. Indicate the role and responsibility of each individual. If the Proposer is chosen as a finalist, these principal individuals must attend the interview and in-person presentation. (iii) Describe proposed team organization, including identification and responsibilities of key personnel. Please include one-page resumes. (iv) Provide brief biographies of individuals that shall be working directly with the City. b. Subcontractors Attachment 2 Packet Pg. 594 4 (i) The Proposer shall identify functions that are likely to be subcontracted and identify the subcontractor(s) that is anticipated to perform each function, if known at this time. 5. Fiscal Stability: (limit: 4 pages) - not including supporting documentation) a. The Proposer should provide evidence of corporate stability including: (i) A current report from any commercial credit rating service such as Dunn and Bradstreet or Experian; or (ii) A letter from a financial institution stating a current line of credit; and (iii) Latest audited financial statement and/or annual report that has been certified by a CPA. This information will remain confidential and is not subject to public disclosure. 6. Experience and Technical Competence: (limit: 5 pages) a. Experience (i) The Proposer shall provide a description of how the Proposer’s experience, technical and professional skills will meet the goals and fulfill the general functions identified in this RFP. (ii) Describe the past experience of the staff to be assigned to perform the Services in performing similar services. (iii) The Proposer shall state the number of years the firm has conducted business. Proposer must have at least four (4) years’ experience in providing the required scope of Services for public clients. (iv) Provide five (5) references regarding the Proposer’s experience and performance performing similar services. Include the following information: (1) Organization/City, contact name, phone number, e-mail address; and (2) project size and description, if applicable, and description of services. (v) Describe the Proposer’s local experience and knowledge of the City. b. Project Specific Experience (i) The Proposer shall provide a description of the three most relevant service contracts held within the last five years, one page per project, to include: Attachment 2 Packet Pg. 595 5 (a) Role of the firm (b) Dollar value of the services (c) Dollar value of the fee (d) Description of services (e) Staffing (f) Duration of providing services (g) Relationship to client (h) Contact name, position, entity name, telephone number, fax number and e-mail address for each project. (ii) If any of the following has occurred, please describe in detail: (a) Failure to enter into a contract or professional services agreement once selected. (b) Withdrawal of a proposal as a result of an error. (c) Termination or failure to complete a contract. (d) Debarment by any municipal, county, state, federal or local agency. (e) Involvement in litigation, arbitration or mediation. Conviction of the firm or its principals for violating a state or federal antitrust law by bid or proposal rigging, collusion, or restrictive competition between bidders or proposers, or conviction of violating any other federal or state law related to bidding or professional services performance. Knowing concealment of any deficiency in the performance of a prior contract. (f) Falsification of information or submission of deceptive or fraudulent statements in connection with a contract. (g) Willful disregard for applicable rules, laws or regulations. Information regarding any of the above may, at the sole discretion of the City, be deemed to indicate an unsatisfactory record of performance. Attachment 2 Packet Pg. 596 6 c. Technical Competence (i) Description of in-house resources (i.e., computer capabilities, software applications, modem protocol, modeling programs, etc.) (ii) Ability to draw upon multi-disciplinary staff to address the Services requested in this RFP. 7. Proposed Method to Accomplish the Work: (limit: 2 pages) Describe the technical and management approach to providing the Services to the City. Proposer should take into account the scope of the services, goals of the City, and general functions required. Include a draft first year schedule of tasks, milestones, and deliverables that will provide for timely provision of the Services. In reviewing the scope of services and goals described in Exhibit “A”, the Proposer may identify additional necessary tasks and is invited to bring these to the City’s attention within the discussion of its proposed method to accomplish the work. 8. Fee Proposal: (limit: 4 pages) Please provide a Unit Cost fee proposal for the scope of services. (as such term is defined in the proposed Agreement attached hereto as Exhibit “B”). Fee proposal shall be uploaded separately to Planetbids under the “Cost File” tab. 9. Certificate of Insurance: (limit: 2 pages) - not including supporting documentation) See the Agreement, attached hereto as Exhibit “B”, for a description of the insurance requirements. Proposer shall provide a copy of their Certificate of Insurance showing that their insurance meets the requirements of the City. 10. Litigation: (limit: 2 pages) Provide litigation history for any claims filed by your firm or against your firm related to the provision of Services in the last five (5) years. 11. Other Information: (limit: 2 pages) This section shall contain all other pertinent information regarding the following: a. Demonstration of record of staffing tasks efficiently and completing projects on time and within the allocated budget. b. Description of community involvement. c. Description of any previous involvement with the City. d. A statement that the Proposer has no conflicts of interest in connection with providing the Services. 12. Certification of Proposal: This section shall state: “The undersigned hereby submits its proposal and, by doing so, agrees to furnish services to the City in accordance with the Request for Proposal (RFP), and to be bound by the terms and conditions of the RFP.” 13. Appendices: (limit: 2 pages) Attachment 2 Packet Pg. 597 7 F. No Deviations from the RFP In submitting a proposal in response to this RFP, Proposer is certifying that it takes no exceptions to this RFP including, but not limited to, the Agreement. If any exceptions are taken, such exceptions must be clearly noted in the proposal and may be reason for rejection of the proposal. As such, Proposer is directed to carefully review the proposed Agreement and, in particular, the insurance and indemnification provisions therein. If proposer does not take any exceptions or deviations from the terms and conditions indicated in the agreement, then the proposer must indicate this information by making a statement within the proposal documents. G. Selection Process 1. The City will evaluate proposals based on the following criteria: a. The Proposer is properly licensed to practice in the State of California. b. The Proposer has no conflict of interest with regard to any other work performed by the firm for the City. c. Clarity and conformance of proposal to the RFP. d. Content of the proposal. e. Proposer’s experience and performance. f. Team members’ experience and performance. g. Fee proposal. h. Comments by references. i. Exceptions/Deviations to RFP/Agreement Template (Pass/Fail) j. Litigations (Pass/Fail) 2. During the evaluation process, the City reserves the right, where it may serve the City's best interest, to request additional information or clarifications from Proposers, or to allow corrections of errors or omissions. 3. It is the City’s intent to select a Proposer best evidencing demonstrated competence and professional qualification to perform the Services. The City reserves the right to reject all proposals, select by proposal review only or interview as needed. Certain Proposers may be selected to make a brief presentation and oral interview after which a final selection will be made. The successful Proposer will be selected on the basis of information provided in the RFP, in-person Attachment 2 Packet Pg. 598 8 presentations, and the results of the City’s research and investigation. Upon selection of a Proposer, the City will endeavor to negotiate a mutually agreeable Agreement with the selected Proposer. In the event that the City is unable to reach agreement, the City will proceed, at its sole discretion, to negotiate with the next Proposer selected by the City. The City reserves the right to contract for services in the manner that most benefits the City including awarding more than one contract if desired. 4. After negotiating a proposed Agreement that is fair and reasonable, City staff will make the final recommendation to the City Council concerning the proposed Agreement. The City Council has the final authority to approve or reject the Agreement. H. Protests 1. Protest Contents: Protests based on the content of the RFP shall be submitted to the City no later than ten (10) calendar days prior to the scheduled proposal submittal deadline. If necessary, the proposal submittal deadline may be extended pending a resolution of the protest. Proposer may protest a contract award if the Proposer believes that the award was inconsistent with City policy, or this RFP is not in compliance with law. A protest must be filed in writing with the City (email is not acceptable) within five (5) business days after receipt of notification of the contract award. Any protest submitted after 5 p.m. of the fifth business day after notification of the contract award will be rejected by the City as invalid and the Proposer’s failure to timely file a protest shall waive the Proposer’s right to protest the contract award. The Proposer’s protest must include supporting documentation, legal authorities in support of the grounds for the protest and the name, address and telephone number of the person representing the Proposer for purposes of the protest. Any matters not set forth in the protest shall be deemed waived. 2. City Review: The City will review and evaluate the basis of the protest, provided that the protest is filed in strict conformity with the foregoing. The City shall provide the Proposer submitting the protest with a written statement concurring with or denying the protest. Action by the City relative to the protest will be final and not subject to appeal or reconsideration. The procedure and time limits set forth in this section are mandatory and are the Proposer’s sole and exclusive remedy in the event of protest. Failure to comply with these procedures shall constitute a waiver of any right to further pursue the protest, including filing a Government Code claim or legal proceedings. I. Proposal Schedule The tentative schedule is as follows: ACTION DATE Release of Request for Proposal May 3, 2023 Pre-Proposal Meeting No meeting required N/A Last Day to Submit Questions for Clarification received by the City on or before 3:00 pm May 10, 2023 Attachment 2 Packet Pg. 599 9 ACTION DATE Clarifications Issued by City on or before 3:00pm May 15, 2023 Deadline for Receipt of Proposals submitted on or before 3:00 pm May 30, 2023 The above scheduled dates are tentative, and City retains the sole discretion to adjust the above schedule. Nothing set forth herein shall be deemed to bind City to award a contract for the above-described professional Services and City retains the sole discretion to cancel or modify any part of or all of this RFP at any time. J. Submittal Requirements 1. General: It is strongly recommended that the Proposer submit proposals in the format identified in this RFP to allow the City to fully evaluate and compare the proposal. All requirements and questions in the RFP should be addressed and all requested data should be supplied. The City reserves the right to request additional information which, in the City’s opinion, is necessary to assure that the Proposer’s competence, number of qualified employees, business organization, and financial resources are adequate to perform according to the Agreement. 2. Preparation: Proposals should be prepared in such a way as to provide a straightforward, concise delineation of capabilities to satisfy the requirements of this RFP. Responses should emphasize the Proposer’s demonstrated capability to perform the Services. Expensive bindings and promotional materials, etc., are not necessary or desired. However, technical literature that supports the approach to providing the Services and work plan should be forwarded as part of the proposal. Emphasis should be concentrated on completeness, approach to the work and clarity of proposal. 3. Site Examination: Proposers may visit the City and its physical facilities to determine the local conditions which may in any way affect the performance of the work; familiarize themselves with all federal, state and local laws, ordinances, rules, regulations, and codes affecting the performance of the work; make such investigations, as it may deem necessary for performance of the Services at its proposal price within the terms of the Agreement; and correlate its observations, investigations, and determinations with the requirements of the Agreement. 4. Authorization: The proposal shall be signed by an individual, partner, officer or officers authorized to execute legal documents on behalf of the Proposer. 5. Confidentiality of Proposal: Pursuant to Michaelis, Montanari, & Johnson v. Superior Court (2006) 38 Cal.4th 1065, proposals submitted in response to this RFP shall be held confidential by City and shall not be subject to disclosure under the California Public Records Act (Cal. Government Code section 6250 et seq.) until after either City and the successful Proposer have completed negotiations and entered into an Agreement or City has rejected all proposals. All correspondence with the City including responses to this RFP shall become the exclusive property of the City and shall become public records under the California Public Records Attachment 2 Packet Pg. 600 10 Act. Furthermore, the City shall have no liability to the Proposer or other party as a result of any public disclosure of any proposal or the Agreement. If a Proposer desires to exclude a portion of its proposal from disclosure under the California Public Records Act, the Proposer must mark it as such and state the specific provision in the California Public Records Act which provides the exemption as well as the factual basis for claiming the exemption. For example, if a Proposer submits trade secret information, the Proposer must plainly mark the information as “Trade Secret” and refer to the appropriate section of the California Public Records Act which provides the exemption as well as the factual basis for claiming the exemption. Although the California Public Records Act recognizes that certain confidential trade secret information may be protected from disclosure, the City may not be in a position to establish that the information that a Proposer submits is a trade secret. If a request is made for information marked “Confidential”, “Trade Secret” or “Proprietary” (“Proprietary Information”), the City will provide Proposers who submitted the information with reasonable notice to seek protection from disclosure by a court of competent jurisdiction. Proposer shall have five (5) working days after receipt of such notice to give City written notice of Proposer's objection to the City's release of Proprietary Information. Proposer shall indemnify, defend and hold harmless the City, and its officers, directors, employees, and agents from and against all liability, loss, cost or expense (including attorney's fees) arising out of a legal action brought to compel the release of Proprietary Information. Proposals which indiscriminately identify all or most of the proposal as exempt from disclosure without justification may be deemed unresponsive and disqualified from further participation in this procurement. Submittal Instructions: Electronic PDF file format via Planetbids. Please allow time for system to process your proposal. The proposal must be received no later than 3:00pm local time, on or before May 30, 2023. The City shall not be responsible for proposals that are not received on time. The City will not be responsible for and will not accept late bids due to slow internet connection, or incomplete transmissions. K. General Conditions 1. Amendments to RFP: The City reserves the right to amend the RFP and issue to all Proposers an addendum. 2. Amendments to Proposals: Unless specifically requested by the City, no amendment, addendum or modification shall be accepted after a proposal has been submitted to City. If a change to a proposal that has been submitted is desired, the submitted proposal must be withdrawn and the replacement proposal submitted prior to the deadline stated herein for receiving proposals. 3. Non-Responsive Proposals: A proposal may be considered non- responsive if conditional, incomplete, or if it contains alterations of form, additions not called for, or other irregularities that may constitute a material change to the proposal. 4. Costs for Preparing: The City shall not compensate any Proposer for the cost of preparing any proposal, and all materials submitted with a proposal shall become the Attachment 2 Packet Pg. 601 11 property of the City. The City will retain all proposals submitted and may use any idea in a proposal regardless of whether that proposal is selected. 5. Cancellation of RFP: City reserves the right to cancel this RFP at any time prior to contract award without obligation in any manner for proposal preparation, interview, fee negotiation or other marketing costs associated with this RFP. 6. Price Validity: Prices provided by Proposers in response to this RFP are valid for 120 days from the proposal due date. The City intends to award the contract within this time but may request an extension from the Proposers to hold pricing, until negotiations are complete, and the contract is awarded. 7. No Commitment to Award: Issuance of this RFP and receipt of proposals does not commit the City to award a contract. City expressly reserves the right to postpone the proposal for its own convenience, to accept or reject any or all proposals received in response to this RFP, to negotiate with more than one Proposer concurrently, or to cancel all or part of this RFP. 8. Right to Negotiate and/or Reject Proposals: City reserves the right to negotiate any price or provision, task order or service, accept any part or all of any proposals, waive any irregularities, and to reject any and all, or parts of any and all proposals, whenever, in the sole opinion of City, such action shall serve its best interests and those of the tax-paying public. The Proposers are encouraged to submit their best prices in their proposals, and City intends to negotiate only with the Proposer(s) whose proposal most closely meets City’s requirements at the lowest estimated cost. The Agreement, if any is awarded, shall go to the Proposer whose proposal best meets City’s requirements. 9. Non-Discrimination: The City does not discriminate on the basis of race, color, national origin, religion, age, ancestry, medical condition, disability or gender in consideration for an award of contract. Publication Date of RFP: May 3, 2023 Attachment 2 Packet Pg. 602 Exhibit A EXHIBIT A SCOPE OF SERVICES/SCHEDULE OF CHARGES TECHNICAL SPECIFICATIONS BID SPECIFICATION NO. NOTICE: “SPECIAL INSTRUCTIONS TO THE BIDDER” Services: Bidder shall complete right hand column indicating brief reasoning for Exceptions to requirements when not acceptable. State “Acceptable” if Requirements are agreeable as set forth on left hand column. Equipment: Bidder shall complete right hand column indicating specific size and or Make and model of all components when not exactly as specified. State “As Specified” if item is exactly as set forth in the left-hand column. GENERAL Bid prices must be valid for 120 days due to processing requirements. FAILURE TO COMPLETE RIGHT HAND COLUMN WILL INVALIDATE BID CATEGORY I ACCEPTABLE / AS SPECIFIED 1. SCOPE The Vendor shall provide qualified medical personnel to perform medical evidence collection services in support of the City of San Bernardino Police Department. Contracted services shall be provided on an on-call basis, 24 hours per day seven days per week including holidays. The VENDOR shall perform ALL of the required services. Proposals that DO NOT include costs for all of the requested services shall be deemed non- responsive and disqualified. 2. REQUIREMENTS Attachment 2 Packet Pg. 603 Exhibit A Contracted services include but are not limited to: • On-call services 24 hours per day, 7 days per week, including holidays. • Sexual assault examinations for victims at an appropriate Sexual Assault Response Team (SART) facility under contact with the VENDOR. • Blood draws, urine sample collection, TASER dart removal, rape kit examinations on suspects, DNA evidence collection kits and other requested services at the San Bernardino Police Department or other requested locations. • Current duty roster with name and phone number of on-call nurse and at least on back-up nurse shall be provided to the San Bernardino Police Department. • VENDOR’S personnel shall have a response time of 30 minutes for Phlebotomist and 30 minutes (ideal) to 60 minutes (maximum acceptable) for SART exams. Response time is defined as the time lapse from point of contact with on-call nurse to their arrival at requested location. • VENDOR’S personnel shall be certified in collecting and preserving evidence. SART personnel shall complete a 40-hour training course and be certified as meeting SART nurse examiner guidelines by a hospital or medical training facility providing such training and certification. Phlebotomists shall complete an 8-hour training course, conduct a minimum of 10 supervised blood draws and be certified as meeting Phlebotomists guidelines by a hospital, technical medical school or medical training facility. • Before award of contract, the VENDOR shall provide written proof of all required training, copies of all licenses and certificates required by law, as well as written copy of VENDOR’S procedures (chain of custody) for the collection, preservation and transportation of evidence collected during examinations. • At the time of submitting their proposals, VENDORS shall have an agreement with an appropriate SART facility located within a fifteen- (15) mile radius of the central Police Station. The proposal shall state in miles, rounded off to nearest 1/10th of a mile, the driving distance from the central Police Station located at 710 North D Street in San Bernardino California. • An appropriate SART facility is defined as a medical facility or doctor’s office having a professional appearance and being equipped to Attachment 2 Packet Pg. 604 Exhibit A handle all medical demands that may arise during a SART EXAMINATION. The City reserves the right to inspect the SART facility to make a determination that the facility meets the minimum technical standards. 3. SART AND SUSPECT RAPE EXAMINATIONS • Completed SART and suspect rape kits shall be given to the requesting officer to store as evidence. • An additional blood sample shall be drawn in a medically acceptable manner for the purpose of testing for sexually transmitted diseases at a private laboratory. • Contractor must have arrangements with a private laboratory certified to perform all mandatory testing for sexually transmitted diseases on blood samples drawn during SART and rape kit examinations. • Mandatory testing shall include Chlamydia, HIV Syphilis, Gonorrhea, and Pregnancy testing. VENDOR SHALL BE RESPONSIBLE FOR COMPENSATING THE LABORATORY FRO PERFORMING ALL ANDATORY TESTS. • Optional testing, as requested by the Police Department, may include Rohypnol and Methylenedioximetamphetamine (MDMA- commonly known as Ecstasy) or other drugs that may have contributed to the victim being sexually assaulted. VENDOR shall coordinate the transfer of blood samples to a laboratory designed by the Police Department. The City shall bear all costs associated with these optional tests. • VENDOR shall ensure that the laboratory notifies individuals of any health issues arising from mandatory tests. • VENDOR shall ensure that copies of all test results are forwarded to the Police Department. 4. BLOOD DRAWS • Blood draws to measure the toxicity of individuals arrested for being under the influence of narcotics and/or alcohol shall be drawn using medically acceptable practices. • The vial containing the drawn blood sample shall be given to the requesting officer to store as evidence. 5. SUPPLIES Attachment 2 Packet Pg. 605 Exhibit A • The VENDOR shall furnish all equipment and supplies necessary for the performance of the contract with the exception of sex kits and DNA evidence kits that will be provided by the City. 6. DISPOSAL OF WASTE • The VENDOR shall dispose of all needles and medical waste at no additional cost to the City. 7. BILLING PROCEDURES • The VENDOR shall forward invoices on a monthly basis, providing case number, date of service, patient name and copy of information sheet filled out by the investigating officer. Invoices shall be received no later than the 15th day following the end of the month. Payment shall be due to the VENDOR within 30 days of receipt of invoice. Delivery Delivery of ordered materials must be without unreasonable delay. Attachment 2 Packet Pg. 606 Exhibit A PRICE FORM REQUEST FOR QUOTES: Medical Evidence Collection DESCRIPTION OF RFQ: COMPANY NAME _______________________________________________ ADDRESS: PRINT NAME OF AUTHORIZED REPRESENTATIVE Price Form # DESCRIPTION QTY FEE 1 Phlebotomy-monthly on call fee Each 2 Blood draw Each 3 Blood ETOH draw Each 4 Blood ETOH draw kit fee Each 5 Forced blood draw Each 6 Dry Run Each 7 SART – monthly on call fee Each 8 SART Each 9 SART – dry run Each 10 Rape suspect Each 11 Rape suspect: dry run Each 12 Taser Each 13 Taser – dry run Each 14 Urine each Attachment 2 Packet Pg. 607 Exhibit B EXHIBIT B CITY OF SAN BERNARDINO PROFESSIONAL SERVICES AGREEMENT SAMPLE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND [***INSERT NAME***] This Agreement is made and entered into as of [***INSERT MONTH***] [***INSERT DATE***], 2022 by and between the City of San Bernardino, a charter city and municipal corporation organized and operating under the laws of the State of California with its principal place of business at Vanir Tower, 290 North D Street, San Bernardino, CA 92401 (“City”), and [***INSERT NAME***], a [***INSERT TYPE OF ENTITY AND STATE - CORPORATION, PARTNERSHIP, SOLE PROPRIETORSHIP OR OTHER LEGAL ENTITY***] with its principal place of business at [***INSERT ADDRESS***] (hereinafter referred to as “Consultant”). City and Consultant are hereinafter sometimes referred to individually as “Party” and collectively as the “Parties.” RECITALS A. City is a public agency of the State of California and is in need of professional services for the following project: [***INSERT DESCRIPTION***] (hereinafter referred to as “the Project”). B. Consultant is duly licensed and has the necessary qualifications to provide such services. C. The Parties desire by this Agreement to establish the terms for City to retain Consultant to provide the services described herein. NOW, THEREFORE, IT IS AGREED AS FOLLOWS: AGREEMENT 1. Incorporation of Recitals. The recitals above are true and correct and are hereby incorporated herein by this reference. 2. Services. Consultant shall provide the City with the services described in the Scope of Services attached hereto as Exhibit “A.” 3. Professional Practices. All professional services to be provided by Consultant pursuant to this Agreement shall be provided by personnel identified in their proposal. Consultant warrants that Consultant is familiar with all laws that may affect its performance of this Agreement and shall advise City of any changes in any laws that may affect Consultant’s performance of this Agreement. Consultant further represents that no City employee will provide any services under this Agreement. Attachment 2 Packet Pg. 608 Exhibit B 4. Compensation. a. Subject to paragraph 4(b) below, the City shall pay for such services in accordance with the Schedule of Charges set forth in Exhibit “A.” [***Alternatively, the compensation schedule may be described here***] b. In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of $[***INSERT NOT TO EXCEED AMOUNT***]. This amount is to cover all related costs, and the City will not pay any additional fees for printing expenses. Consultant may submit invoices to City for approval. Said invoice shall be based on the total of all Consultant’s services which have been completed to City’s sole satisfaction. City shall pay Consultant’s invoice within forty-five (45) days from the date City receives said invoice. The invoice shall describe in detail the services performed and the associated time for completion. Any additional services approved and performed pursuant to this Agreement shall be designated as “Additional Services” and shall identify the number of the authorized change order, where applicable, on all invoices. 5. Additional Work. If changes in the work seem merited by Consultant or the City, and informal consultations with the other party indicate that a change is warranted, it shall be processed in the following manner: a letter outlining the changes shall be forwarded to the City by Consultant with a statement of estimated changes in fee or time schedule. An amendment to this Agreement shall be prepared by the City and executed by both Parties before performance of such services, or the City will not be required to pay for the changes in the scope of work. Such amendment shall not render ineffective or invalidate unaffected portions of this Agreement. a. Adjustments. No retroactive price adjustments will be considered. Additionally, no price increases will be permitted during the first year of this Agreement, unless agreed to by City and Consultant in writing. [***Additionally, the City may include a CPI price adjustment, delete the following language if such adjustment will not be used***] Annual increases shall not exceed the percentage change in the Consumer Price Index- All urban consumers, All Items - (Series ID# CUURS49CSA0) Riverside-San Bernardino – Ontario, CA areas for the twelve (12) month period January through January immediately preceding the adjustments and be subject to City’s sole discretion and approved (if needed) for budget funding by the City Council. 6. Term. This Agreement shall commence on the Effective Date and continue through the completion of services as set forth in Exhibit “A,” unless the Agreement is previously terminated as provided for herein (“Term”). [***Alternatively, the term can be spelled out in this section without reference to the Exhibit***] 7. Maintenance of Records; Audits. a. Records of Consultant’s services relating to this Agreement shall be maintained in accordance with generally recognized accounting principles and shall be made available to City for inspection and/or audit at mutually convenient times for a period of four (4) years from the Effective Date. b. Books, documents, papers, accounting records, and other evidence pertaining to costs incurred shall be maintained by Consultant and made available at all reasonable times during the contract period and for four (4) years from the date of final payment under the contract for inspection by City. Attachment 2 Packet Pg. 609 Exhibit B 8. Time of Performance. Consultant shall perform its services in a prompt and timely manner and shall commence performance upon receipt of written notice from the City to proceed. Consultant shall complete the services required hereunder within Term. 9. Delays in Performance. a. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non- performing Party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects the Consultant’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the services); and (4) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety. b. Should a Force Majeure Event occur, the non-performing Party shall, within a reasonable time of being prevented from performing, give written notice to the other Party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Delays shall not entitle Consultant to any additional compensation regardless of the Party responsible for the delay. c. Notwithstanding the foregoing, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement. 10. Compliance with Law. a. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local government, including Cal/OSHA requirements. b. If required, Consultant shall assist the City, as requested, in obtaining and maintaining all permits required of Consultant by federal, state and local regulatory agencies. c. If applicable, Consultant is responsible for all costs of clean up and/ or removal of hazardous and toxic substances spilled as a result of his or her services or operations performed under this Agreement. 11. Standard of Care. Consultant’s services will be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions. Consultant’s performance shall conform in all material respects to the requirements of the Scope of Work and meet the Key Performance Indicators, attached hereto as Exhibit “B” and incorporated herein by this reference. [***IF NO PERFORMANCE INDICATORS WILL BE USED DELETE THE ABOVE LANGUAGE AND ACCOMPANYING EXHIBIT B***] 12. Conflicts of Interest. During the term of this Agreement, Consultant shall at all times maintain a duty of loyalty and a fiduciary duty to the City and shall not accept payment from Attachment 2 Packet Pg. 610 Exhibit B or employment with any person or entity which will constitute a conflict of interest with the City. 13. City Business Certificate. Consultant shall, prior to execution of this Agreement, obtain and maintain during the term of this Agreement a valid business registration certificate from the City pursuant to Title 5 of the City’s Municipal Code and any and all other licenses, permits, qualifications, insurance, and approvals of whatever nature that are legally required of Consultant to practice his/her profession, skill, or business. 14. Assignment and Subconsultant. Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. Nothing contained herein shall prevent Consultant from employing independent associates and subconsultants as Consultant may deem appropriate to assist in the performance of services hereunder. 15. Independent Consultant. Consultant is retained as an independent contractor and is not an employee of City. No employee or agent of Consultant shall become an employee of City. The work to be performed shall be in accordance with the work described in this Agreement, subject to such directions and amendments from City as herein provided. Any personnel performing the work governed by this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, and workers’ compensation insurance. 16. Insurance. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section. a. Additional Insured The City of San Bernardino, its officials, officers, employees, agents, and volunteers shall be named as additional insureds on Consultant’s and its subconsultants’ policies of commercial general liability and automobile liability insurance using the endorsements and forms specified herein or exact equivalents. b. Commercial General Liability (i) The Consultant shall take out and maintain, during the performance of all work under this Agreement, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies acceptable to the City. (ii) Coverage for Commercial General Liability insurance shall be at least as broad as the following: Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 00 01) or exact equivalent. Attachment 2 Packet Pg. 611 Exhibit B (iii) Commercial General Liability Insurance must include coverage for the following: (1) Bodily Injury and Property Damage (2) Personal Injury/Advertising Injury (3) Premises/Operations Liability (4) Products/Completed Operations Liability (5) Aggregate Limits that Apply per Project (6) Explosion, Collapse and Underground (UCX) exclusion deleted (7) Contractual Liability with respect to this Contract (8) Broad Form Property Damage (9) Independent Consultants Coverage (iv) The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to the Agreement. (v) The policy shall give City, its elected and appointed officials, officers, employees, agents, and City-designated volunteers additional insured status using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage. (vi) The general liability program may utilize either deductibles or provide coverage excess of a self-insured retention, subject to written approval by the City, and provided that such deductibles shall not apply to the City as an additional insured. c. Automobile Liability (i) At all times during the performance of the work under this Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, in a form and with insurance companies acceptable to the City. (ii) Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto). (iii) The policy shall give City, its elected and appointed officials, officers, employees, agents and City designated volunteers additional insured status. (iv) Subject to written approval by the City, the automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the City as an additional insured, but not a self-insured retention. d. Workers’ Compensation/Employer’s Liability (i) Consultant certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of Attachment 2 Packet Pg. 612 Exhibit B that code, and he/she will comply with such provisions before commencing work under this Agreement. (ii) To the extent Consultant has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Consultant shall maintain full compensation insurance for all persons employed directly by him/her to carry out the work contemplated under this Agreement, all in accordance with the “Workers’ Compensation and Insurance Act,” Division IV of the Labor Code of the State of California and any acts amendatory thereof, and Employer’s Liability Coverage in amounts indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the period required by this Agreement, workers’ compensation coverage of the same type and limits as specified in this section. e. Professional Liability (Errors and Omissions) At all times during the performance of the work under this Agreement the Consultant shall maintain professional liability or Errors and Omissions insurance appropriate to its profession, in a form and with insurance companies acceptable to the City and in an amount indicated herein. This insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Consultant. “Covered Professional Services” as designated in the policy must specifically include work performed under this Agreement. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer's duty to defend. f. Privacy/Network Security (Cyber) At all times during the performance of the work under this Agreement, the Consultant shall maintain privacy/network security insurance for: (1) privacy breaches, (2) system breaches, (3) denial or loss of service, and the (4) introduction, implantation or spread of malicious software code, in a form and with insurance companies acceptable to the City. g. Aviation and/or Drone Liability [***REMOVE SECTION IF NOT APPLICABLE***] At all times during the performance of the work under this Agreement, the Consultant shall maintain Aviation and/or Drone Liability insurance for bodily injury and property damage, in a form and with insurance companies acceptable to the City. h. Minimum Policy Limits Required (i) The following insurance limits are required for the Agreement: Combined Single Limit Commercial General Liability $2,000,000 per occurrence/$4,000,000 aggregate for bodily injury, personal injury, and property damage Automobile Liability $1,000,000 per occurrence for bodily injury and property damage Attachment 2 Packet Pg. 613 Exhibit B Employer’s Liability $1,000,000 per occurrence Professional Liability $1,000,000 per claim and aggregate (errors and omissions) Cyber Liability $1,000,000 per occurrence and aggregate Aviation and/or Drone Liability $1,000,000 per occurrence limit [***REMOVE IF NOT APPLICABLE***] (ii) Defense costs shall be payable in addition to the limits. (iii) Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement. i. Evidence Required Prior to execution of the Agreement, the Consultant shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of Insurance (Acord Form 25-S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance. j. Policy Provisions Required (i) Consultant shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Consultant shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non-payment of the premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration. (ii) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Consultant’s policy is primary insurance and that any insurance, self-insurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss. (iii) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement; B) if the Attachment 2 Packet Pg. 614 Exhibit B policy is cancelled or not renewed; or C) if the policy is replaced by another claims-made policy with a retroactive date subsequent to the effective date of this Agreement. (iv) All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to provide waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City and shall require similar written express waivers and insurance clauses from each of its subconsultants. (v) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law. k. Qualifying Insurers (i) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements: (1) Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A: VII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law. l Additional Insurance Provisions (i) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including, but not limited to, the provisions concerning indemnification. (ii) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary, and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (iii) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. Attachment 2 Packet Pg. 615 Exhibit B (iv) Neither the City nor the City Council, nor any member of the City Council, nor any of the officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement. m. Subconsultant Insurance Requirements. Consultant shall not allow any subcontractors or subconsultants to commence wo rk on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this section. Policies of commercial general liability insurance provided by such subcontractors or subconsultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants. 17. Indemnification. a. To the fullest extent permitted by law, Consultant shall defend (with counsel reasonably approved by the City), indemnify and hold the City, its elected and appointed officials, officers, employees, agents, and authorized volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s services, the Project, or this Agreement, including without limitation the payment of all damages, expert witness fees, attorneys’ fees and other related costs and expenses. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the City. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, the City Council, members of the City Council, its employees, or authorized volunteers. Consultant’s indemnification obligation shall survive the expiration or earlier termination of this Agreement. b. If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to the extent which the Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant in the performance of the services or this Agreement, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault. 18. California Labor Code Requirements. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects. If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, Consultant agrees to fully comply with such Prevailing Wage Laws, if applicable. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply Attachment 2 Packet Pg. 616 Exhibit B with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). [***IF CITY IS AWARE THAT THE CONSULTANT WILL PERFORM WORK SUBJECT TO PREVAILING WAGE LAW, PLEASE CONTACT LEGAL COUNSEL TO OBTAIN GUIDANCE REGARDING REVISING THE FOLLOWING PROVISION***]If the Services are being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subconsultants performing such Services must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants, as applicable. This Project may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements. 19. Verification of Employment Eligibility. By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subconsultants and sub-subconsultants to comply with the same. 20. Laws and Venue. This Agreement shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of S an Bernardino, State of California. 21. Termination or Abandonment a. City has the right to terminate or abandon any portion or all of the work under this Agreement by giving ten (10) calendar days’ written notice to Consultant. In such event, City shall be immediately given title and possession to all original field notes, drawings and specifications, written reports and other documents produced or developed for that portion of the work completed and/or being abandoned. City shall pay Consultant the reasonable value of services rendered for any portion of the work completed prior to termination. If said termination occurs prior to completion of any task for the Project for which a payment request has not been received, the charge for services performed during such task shall be the reasonable value of such services, based on an amount mutually agreed to by City and Consultant of the portion of such task completed but not paid prior to said termination. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Consultant shall not be entitled to payment for unperformed services and shall not be entitled to damages or compensation for termination of work. b. Consultant may terminate its obligation to provide further services under this Agreement upon thirty (30) calendar days’ written notice to City only in the event of substantial failure by City to perform in accordance with the terms of this Agreement through no fault of Consultant. Attachment 2 Packet Pg. 617 Exhibit B 22. Attorneys’ Fees. In the event that litigation is brought by any Party in connection with this Agreement, the prevailing Party shall be entitled to recover from the opposing Party all costs and expenses, including reasonable attorneys’ fees, incurred by the prevailing Party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof. The costs, salary, and expenses of the City Attorney’s Office in enforcing this Agreement on behalf of the City shall be considered as “attorneys’ fees” for the purposes of this Agreement. 23. Responsibility for Errors. Consultant shall be responsible for its work and results under this Agreement. Consultant, when requested, shall furnish clarification and/or explanation as may be required by the City’s representative, regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable to Consultant’s professional services occurs, Consultant shall, at no cost to City, provide all other services necessary to rectify and correct the matter to the sole satisfaction of the City and to participate in any meeting required with regard to the correction. 24. Prohibited Employment. Consultant shall not employ any current employee of City to perform the work under this Agreement while this Agreement is in effect. 25. Costs. Each Party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein. 26. Documents. Except as otherwise provided in “Termination or Abandonment,” above, all original field notes, written reports, Drawings and Specifications and other documents, produced or developed for the Project shall, upon payment in full for the services described in this Agreement, be furnished to and become the property of the City. 27. Organization. Consultant shall assign [***INSERT NAME***] as Project Manager. The Project Manager shall not be removed from the Project or reassigned without the prior written consent of the City. 28. Limitation of Agreement. This Agreement is limited to and includes only the work included in the Project described above. 29. Notice. Any notice or instrument required to be given or delivered by this Agreement may be given or delivered by depositing the same in any United States Post Office, certified mail, return receipt requested, postage prepaid, addressed to the following addresses and shall be effective upon receipt thereof: CITY: City of San Bernardino Vanir Tower, 290 North D Street San Bernardino, CA 92401 Attn: [***INSERT DEPARTMENT HEAD TITLE OR “City Manager”***] With Copy To: City of San Bernardino CONSULTANT: [***INSERT NAME, ADDRESS & CONTACT PERSON***] Attachment 2 Packet Pg. 618 Exhibit B Vanir Tower, 290 North D Street San Bernardino, CA 92401 Attn: City Attorney 30. Third Party Rights. Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the City and the Consultant. 31. Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. 32. Entire Agreement. This Agreement, including Exhibit “A,” represents the entire understanding of City and Consultant as to those matters contained herein, and supersedes and cancels any prior or contemporaneous oral or written understanding, promises or representations with respect to those matters covered hereunder. Each Party acknowledges that no representations, inducements, promises, or agreements have been made by any person which are not incorporated herein, and that any other agreements shall be void. This is an integrated Agreement. 33. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance, and the remaining provisions of this Agreement shall remain in full force and effect. 34. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors in interest, executors, administrators and assigns of each Party to this Agreement. However, Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties or obligations without the prior written consent of City. Any attempted assignment without such consent shall be invalid and void. 35. Non-Waiver. The delay or failure of either Party at any time to require performance or compliance by the other Party of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought. The waiver of any right or remedy with respect to any occurrence or event shall not be deemed a waiver of any right or remedy with respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver. 36. Time of Essence. Time is of the essence for each and every provision of this Agreement. 37. Headings. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain, or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement. Attachment 2 Packet Pg. 619 Exhibit B 38. Amendments. Only a writing executed by all of the Parties hereto or their respective successors and assigns may amend this Agreement. 39. City’s Right to Employ Other Consultants. City reserves the right to employ other consultants, including engineers, in connection with this Project or other projects. 40. Prohibited Interests. Consultant maintains and warrants that it has neither employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 41. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one single Agreement. 42. Authority. The persons executing this Agreement on behalf of the Parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said Parties and that by doing so, the Parties hereto are formally bound to the provisions of this Agreement. 43. Electronic Signature. Each Party acknowledges and agrees that this Agreement may be executed by electronic or digital signature, which shall be considered as an original signature for all purposes and shall have the same force and effect as an original signature. 44. [***DELETE SECTION IF THESE PENALTIES WILL NOT BE USED***] Disciplinary Actions in Phases for Non-Performance. Failure for Consultant to perform its obligations under this Agreement or comply with the Performance Indicators may result in disciplinary action as follows: (i) Informal Warning (Written or Verbal). Consultant is given a warning in regard to non-performance. If a verbal warning is issued, it will be confirmed with an electronic correspondence to the Consultant. (ii) Formal Written Warning. A formal written warning is issued to Consultant pursuant to Section 29 of this Agreement. Consultant must respond within 5 to 10 days of receipt of the formal warning. Upon response from the Consultant, Consultant shall be provided a reasonable time to make corrections to their performance. This time period (iii) Formal Penalty Issued. A penalty of 15% of the Consultant’s current invoice amount or annual contract amount is deducted for non-performance after previous warnings have been issued. (iv) Termination of Contract. If the performance has not been corrected after all warnings and previous penalties have been exhausted, City may terminate the contract pursuant to Section 21 of this Agreement. Attachment 2 Packet Pg. 620 Exhibit B [SIGNATURES ON FOLLOWING PAGE] Attachment 2 Packet Pg. 621 Exhibit B SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND [***INSERT NAME***] IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above. CITY OF SAN BERNARDINO APPROVED BY: Charles E. McNeely Interim City Manager ATTESTED BY: Genoveva Rocha, CMC City Clerk APPROVED AS TO FORM: Best Best & Krieger LLP City Attorney CONSULTANT Signature Name Title Attachment 2 Packet Pg. 622 Exhibit B EXHIBIT A [***ATTACH OR INSERT: Scope of Services / Schedule of Charges and Payments / Activity Schedule***] Attachment 2 Packet Pg. 623 Exhibit B [***IF NO PERFORMANCE INDICATORS WILL BE USED DELETE EXHIBIT B***] EXHIBIT B KEY PERFORMANCE INDICATORS OR PERFORMANCE REQUIREMENTS 1. Performance Expectations • A Performance Measurement Plan (“Performance Plan”) will be developed by the City [***INSERT DEPARTMENT***] and will be reviewed on a quarterly basis. • Consultant will track and document all performance measures identified in the Performance Plan. Measures will include, but a not limited to the measures listed below: • Consultant will develop and distribute, electronically, a monthly summary report showing the current status and 12-month trend of each performance measure. • Consultant will attend quarterly meetings scheduled by the City [***INSERT DEPARTMENT***]and present and discuss performance measures. • Consultant will track all cost savings for all orders requested by Waste Resources and will report their total Cost Savings on a quarterly basis. 2. Performance Measures 1. Safety: a. Definition: the condition of being protected from or unlikely to cause danger, risk, or injury b. Safety Measures is related to PW projects when a contractor is conducting work on a county facility and/or delivery materials and services to a county facility. 2. Quality: a. Definition: the standard of something as measured against other things of a similar kind; the degree of excellence of something. b. Quality Measure is related to final result of a product or service. Ex. was the monitor installed correctly, crooked, upside down? Were monthly/annual inspections done correctly/on time, were they incomplete. 3. Cost Savings: a. Definition: a reduction in expenses, especially in business b. Cost Savings Measure is related savings that a vendor makes and passes on to the County. 4. On-Time Delivery: a. Definition: On Time Delivery or OTD refers to a key performance indicator measuring the rate of finished product and deliveries made on time. This rate is expressed in a total number of units delivered within a set period defined by the customer and the supplier. b. On-Time Delivery measure is related to service contracts, were the samples delivered on time to the lab. This can also refer to pick-up services such as with environmental contracts that deal with hazardous samples. Attachment 2 Packet Pg. 624 Exhibit C [***OPTIONAL: IF FEDERAL FUNDS ARE INVOLVED, ATTACH FEDERAL FUNDING REQUIREMENTS - DELETE THIS EXHIBIT OTHERWISE***] EXHIBIT C FEDERAL REQUIREMENTS [***INSERT APPLICABLE FEDERAL REQUIREMENTS – REQUIREMENTS WILL CHANGE BASED ON FUNDING SOURCE***] Attachment 2 Packet Pg. 625 City of San Bernardino Bid Results for Project Medical Evidence Collection (RFP F-23-44) Issued on 05/03/2023 Bid Due on May 30, 2023 3:00 PM (PDT) Exported on 06/12/2023 Line Totals (Unit Price * Quantity) Item Num Description Unit of Measure Quantity Unit Price Line Total Response Comment 1 Medical Evidence Collection Lump Sum 1 $100,000.00 $100,000.00 Yes $100,000.00 Total $100,000.00 Law Enforcement Medical Services, Inc. - Fontana CA Bid Result ListAttachment 2 Packet Pg. 626 1 4 3 1 DISCUSSION City of San Bernardino Request for Council Action Date:July 19, 2023 To:Honorable Mayor and City Council Members From:Charles E. McNeely, Interim City Manager; Mary Lanier, Interim Agency Director of Community, Housing and Economic Development Department:Community and Economic Development Subject:Regional Housing Trust Letter of Intent Recommendation: It is recommended that the Mayor and City Council approves the City joining the San Bernardino Regional Housing Trust, a Joint Powers Authority (JPA) formed among cities within the San Bernardino County Region to gain competitiveness and improve financial viability so that the City can increase affordable housing developments. Background In response to increasing concern around the region’s housing shortage, the San Bernardino Council of Governments (SBCOG) City/County Managers Technical Advisory Committee (CCMTAC) determined that an Ad Hoc Committee was needed to explore the feasibility of implementing a housing trust for the San Bernardino region. On January 4, 2023, SBCOG approved the establishment of an Ad Hoc Committee to review the governance structure of the proposed San Bernardino Regional Housing Trust (Housing Trust). On January 23, 2023, the Ad HOC Committee met to discuss governance structure options and voted to proceed with SBCOG’s staff recommendations of establishing a separate Joint Powers Authority (JPA) for the Housing Trust. It was recommended that the JPA be its own separate legal entity known as the San Bernardino Regional Housing Trust (SBRHT) and be made up of member agencies with a non-profit component that would enable the Housing Trust to solicit and accept private donations. The purpose of SBRHT is to attract significant funding and affordable housing interest into the San Bernardino Region. The goals of SBRHT are to: Packet Pg. 627 1 4 3 1 •Attract affordable housing developers. •Increase/preserve the region’s affordable housing supply. •Increase equitable access to community resources. •Provide financial relief for vulnerable and cost burdened households. •Protect against displacement, overcrowding, and poor housing conditions. On April 5, 2023, SBCOG authorized the following: •Process of establishing a San Bernardino Regional Housing Trust. •Process of establishing a new JPA. •Hiring necessary consultants upon receipt of award of Regional Early Action Planning (REAP) 2.0 funds. •Direction for its staff to work with the Housing Trust Ad Hoc Committee to develop recommendations for the SBCOG Board’s consideration on policy decisions regarding the establishment of a Regional Housing Trust. SCOG will utilize Southern California Association of Governments (SCAG) REAP 2.0 funds once awarded to initiate and implement the new JPA. This includes all studies, research, analysis, legal action/fees, etc. to be funded by REAP 2.0. Qualified staffing will be selected through a procurement process that will likely include member agency staff. Discussion The HOME Investment Partnerships Program (HOME) is administered by the United States Department of Housing and Urban Development (HUD) and is the largest federal block grant to state and local governments designed exclusively to create affordable housing for low-income households. HOME funds are awarded annually as formula grants to participating jurisdictions (PJs), and funding can be used to perform a wide range of activities including building, buying, and/or rehabilitating affordable housing for rent or homeownership or providing direct rental assistance to low-income people. On average, the City receives approximately $1.4 million in HOME funds annually. This amount is not nearly enough to create the level of affordable housing needed in the City. According to the Southern California Association of Governments (SCAG) 2021-2029 6th cycle Regional Housing Needs Assessment (RHNA) Report, the County needs 8,832 affordable housing units to meet its housing demand, but specifically, the City has a future housing need of 1,415 units for very low-income units, of which half, or 703 units, is the projected need for extremely low-income households. A Housing Trust is created to provide the following: •Raise Funds for New Construction of Affordable and Workforce Housing •Affordable Housing Preservation or Rehabilitation •Financing for the Purchase of Land •Transitional and Supportive Housing •Pre-Development Loans •Down Payment Assistance •Community Land Trust Packet Pg. 628 1 4 3 1 There are several benefits to joining a Regional Housing Trust that include flexible gap financing, pooled funding to preserve and produce affordable housing in the City, strengthening the financial viability of individual housing projects and programs, and increasing each project’s competitiveness for additional state and federal funding sources. Additionally, a Housing Trust works with a variety of government and philanthropic groups to attract more housing funds to the San Bernardino region. Should Council approve the City’s decision to join a Regional Housing Trust staff would be able to work with policy makers of jurisdictions, which have formally communicated interest through the “Letter of Intent” (Attachment 1) in participating in the San Bernardino Regional Housing Trust (SBRHT) for SBCOG Board’s consideration. So far there are eleven (11) jurisdictions that have provided a Letter of Intent: •City of Colton •City of Fontana •City of Needles •City of Ontario •City of Rancho Cucamonga •City of Redlands •City of Rialto •City of Twenty-Nine-Palms •City of Yucaipa •City of Yucca Valley and •County of San Bernardino In order for the City to become a member of the Regional Housing Trust, the City Manager needs to sign a Letter of Intent, which does not financially obligate the City or commit the City to remaining in the Regional Housing Trust. The signed Letter of Intent only marks the City’s interest in joining a Regional Housing Trust. Should the City enter into a Memorandum of Understanding (MOU) with SBCOG to administer a Housing Trust the annual administrative fee would be approximately $26,000 (based on population size). 2021-2025 Strategic Targets and Goals Joining a Regional Housing Trust aligns with Strategic Target No. 3: Focused, Aligned Leadership and Unified Community as a Regional Housing Trust would allow the City to expand its funding pool and resources needed to increase affordable housing. Joining a Regional Housing Trust also aligns with Strategic Target No. 4: Improved Quality of Life. According to the 2021-2029 6th cycle Regional Housing Needs Assessment (RHNA) Report, the City is in need of 1415 affordable housing units for low and very low-income units. Fiscal Impact There is no financial impact in having the City express its intent to Join a Regional Housing Trust. Packet Pg. 629 1 4 3 1 Conclusion It is recommended that the Mayor and City Council approves the City joining the San Bernardino Regional Housing Trust, a Joint Powers Authority (JPA) formed among cities within the San Bernardino County Region to gain competitiveness and improve financial viability so that the City can increase affordable housing developments. Attachments Attachment 1 Regional Housing Trust Fund Slide Deck Attachment 2 Regional Housing Trust Letter of Intent Ward: All Wards Synopsis of Previous Council Actions: February 1, 2023 The City declared a Homelessness State of Emergency, which is exacerbated by the lack of affordable housing. Packet Pg. 630 1 SBCTA/SBCOG in Collaboration with Regional Housing Trust San Bernardino Region MARCH 2023 Packet Pg. 631 2 What is a Housing Trust?01 Packet Pg. 632 3 Housing Trust Overview A program or organization that raises funding for: New Construction of Affordable & Workforce Housing Affordable Housing Preservation or Rehabilitation Financing for the Purchase of Land Transitional and Supportive Housing Pre-Development Loans Down Payment Assistance Community Land Trusts Packet Pg. 633 4 Housing Trust Benefits Flexible Source of Gap Financing •Revolving Loan Funds Ability to Compete for State Funds •Local Housing Trust Program Targeted Solutions for Regional Issues •Workforce Housing Ability to Pool Resources •Helps funds go further Packet Pg. 634 5 Housing Trust Vision and Goals •Attract affordable housing developers. •Increase/preserve the region’s affordable housing supply. •Increase equitable access to community resources. •Provide financial relief for vulnerable and cost-burdened households. •Protect against displacement and poor housing conditions Attract significant funding and affordable housing development interest into the San Bernardino region. Packet Pg. 635 6 Why Do We Need a Housing Trust?02 Packet Pg. 636 7 Why are we here? Household Overcrowding (more than 1 persons per bedroom) •The Region has Census tracts with concentrations of more than 20% of households that experience overcrowded. Household Overpayment (spending more than 30% of income on housing costs) •Renters are especially cost burdened •The Region has Census tracts where more than 80% of renters are burdened by the cost of housing. Packet Pg. 637 8 Why are we here? Poverty (varies by number of people per household – a family of 4 [2 adults and 2 children] are considered to live in poverty if they earn less than $27k per year) •The Region has Census tracts with concentrations of more than 40% of households living below the poverty level Cost of Transportation (as a percent of total household income) •Regional average transportation cost is 27% •Regional average combined housing and transportation cost is 59% Tax Credit - Higher Resource Areas (higher resource areas are more competitive for accessing TCAC funds for affordable housing) •Most areas in the region fall within the moderate to low resource categories. Packet Pg. 638 9 5th Cycle 6th Cycle Lower-Income Moderate/ Above Moderate-Income 22,663 34,543 2,216 25,220 5th Cycle RHNA Compared to Units Permitted San Bernardino County RHNA Units Permitted 10% of Lower- Income RHNA Achieved Lower-Income Moderate/ Above Moderate-Income 57,570 80,540 6th Cycle RHNA Allocation San Bernardino County RHNA Increase of 140% 73% of Mod/Above Mod-Income RHNA Achieved Regional Housing Needs Assessment (RHNA) Cycles Packet Pg. 639 10 Steps Taken To Date03 Packet Pg. 640 11 Strategic Plan Outreach Summary Housing Need Analysis Funding Opportunity Analysis Housing Trust Activities Affordable Housing and Project Pipeline Inventory Local Funding Gap Analysis Packet Pg. 641 12 Outreach Summary Outreach to all SBCOG member jurisdictions Individual meetings with 15+ member jurisdictions Letters of Interest Received from 11 member jurisdictions Interviews with outside organizations •Orange County Housing Finance Trust •County of Orange •San Gabriel Valley Regional Housing Trust •Inland SoCal Housing Collective •San Diego Innovative Housing Trust Group Presentations •SBCOG Board and Ad-Hoc Committee •City/County Managers •Planning Directors •City Councils Packet Pg. 642 13 Funding Opportunity Analysis Grant Funding Pursuits Member Agency Revolving Loan Fund •Interest gained over time Nonprofit Component •Private Donations VMT Mitigation Bank Earmark Funds Packet Pg. 643 14 Packet Pg. 644 15 Local Funding Gap Analysis 5 Recently Completed Developments •445 affordable units created •$247,258,861 total investment •Local funding share is 33% total project cost 4 Pipeline Projects •321 affordable units •$146,880,151 total investment •Local funding share is 35% total project cost *Local funds provide a notable financing layer that closes the affordable housing development gap. Packet Pg. 645 16 Housing Trust Structure04 Packet Pg. 646 17 Purpose and Structure §Includes the following: §Vision §The San Bernardino Regional Housing Trust will attract significant funding and affordable housing development interest into the San Bernardino region. Through strong participatory governance, member jurisdictions will increase the region’s affordable housing supply, reduce household overcrowding, increase equitable access to community resources, and provide financial relief for vulnerable and cost-burdened households. §Goals §Increase/preserve region’s affordable housing supply §Attract affordable housing developers §Increase housing opportunities §Protect against displacement and poor housing conditions Packet Pg. 647 18 A program or organization that raises funding for: New Construction of Affordable Housing Affordable Housing Preservation or Rehabilitation Community Land Trusts Workforce Housing Pre-Development Loans Down Payment Assistance Financing for the Purchase of Land Programming Priorities Packet Pg. 648 19 Administration05 Packet Pg. 649 20 Proposed JPA Board of Directors Composition §Board of Directors: §One Director perJurisdiction (elected or designee by the jurisdictions’ appointed body) §Alternates for each Director position §Members could be incentivized to join as founding members Packet Pg. 650 21 Administration MOU with SBCOG to Administer Housing Trust §Staffing §Executive Director and agency staff §Independent contractors, agents, volunteers, and consultants §Treasurer and Auditor/Controller §Lumped in with COG Annual Audits §Attorney §Account Set Up §Need to establish accounts and subaccounts in commercial banking institutions Packet Pg. 651 22 Cost of the Trust06 Packet Pg. 652 23 Projected Cost §$315,000 Annual Operating Budget (this option totals $315k) Population Annual Admin Fee Up to 25,000 $26,000 25,001 – 50,000 $30,000 50,001 – 100,000 $32,000 250,001+$35,000 Packet Pg. 653 24 Visualizing How it Works07 Packet Pg. 654 25 Packet Pg. 655 26 Packet Pg. 656 27 Packet Pg. 657 28 Next Steps08 Packet Pg. 658 29 Steps to Establish a Regional Housing Trust Identify Participating Jurisdictions Draft Administrative Plan (based on grant criteria) REAP 2.0 Funding Application Establish a Joint Powers Authority (JPA) Adopt an Administrative Plan Packet Pg. 659 30 Schedule October November December January February March April May •CCMTAC •Letters of Interest •CCMTAC •GPC •MVSS •Mtn/ Desert Committee •Board •Ad-Hoc Committee •Board •Establish JPA •(Ongoing) •REAP 2.0 Application •Launch Housing Trust •(Ongoing) 2022 2023 City Council Presentations – Letters of Interest Packet Pg. 660 31 Thank you Packet Pg. 661 290 North D St, San Bernardino, CA 92401 | P: 909-384-5122 | F: 909-384-5138 | www.SBCity.org Office of the City Manager | Charles E McNeely, City Manager LETTER OF INTENT July 19, 2023 Raymond Wolfe, Executive Director San Bernardino Council of Governments 1170 W. Third Street, 2nd Floor San Bernardino, California 92410 RE: INTEREST IN PARTICIPATING IN SAN BERNARDINO REGIONAL HOUSING TRUST Dear Mr. Wolfe, The City of San Bernardino is interested in participating in the San Bernardino Regional Housing Trust (SBRHT) to be established by the San Bernardino Council of Governments (SBCOG). Through the SBHRT, the City of San Bernardino intends to further the SBHRT’s goal to attract significant funding and affordable housing development interest into the San Bernardino region. The City of San Bernardino anticipates that SBCTA/SBCOG will administer SBRHT and that each participating Party shall make annual contributions toward the budgeted administrative costs of SBRHT. In return, SBRHT will provide services and support to the region and its Parties to carry out the purpose of SBRHT. This letter of interest is not a commitment, and we are providing this letter only to further the planning for the establishment of the SBRHT. Final commitment to join the SBHRT will be subject to City Council approval, funding availability, and other factors. Should you have any questions regarding the City of San Bernardino’s interest, please contact Cassandra Searcy at searcy_ca@sbcity.org or at 909-210-7767. Thank you. Sincerely, Charles E McNeely Interim City Manager On behalf of the City of San Bernardino Packet Pg. 662 1 2 7 5 DISCUSSION City of San Bernardino Request for Council Action Date:July 19, 2023 To:Honorable Mayor and City Council Members From:Charles E. McNeely, Interim City Manager; Barbara Whitehorn, Agency Director of Administrative Services Department:Finance Subject:American Rescue Plan Update (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1) Reallocate $1,560,000 of funds from the Water Lead Service Connector Program and commit $8,440,000 in additional American Rescue Plan Act (ARPA) funds for a total of $10,000,000 to IT infrastructure and the City’s Enterprise Resource Planning (ERP) system; 2) Adopt Resolution 2023-107 authorizing the Agency Director of Administrative Services to amend the FY 2022/23-2023/24 Biennial Budget by $8,440,000 in American Rescue Plan funds; and 3) Receive and file this update on the ARP funds allocation, spending opportunities, investments and spending to date. Background The City of San Bernardino was awarded $77,656,407 under the American Rescue Plan Act (ARPA). The City received half of the funds in May 2021, and the remainder of the funds in May of 2022. Treasury issued the final rule for the use of the funds on January 6, 2022, providing clarification on allowable investments, but generally not expanding the list of eligible projects and programs. The City is working within the guidance, focusing on investments in Qualified Census Tracts (QCTs) and other allowable investments. Within the allowable investments provided by the Final Rule are public outdoor spaces Packet Pg. 663 1 2 7 5 (parks and recreation facilities, trails, public squares) in QCTs, assistance for small businesses and/or non-profits that can demonstrate a negative impact from COVID- 19, aid to households, violence intervention programs, water, sewer, and storm drain improvements, built environment and building façade improvements, and “hero” pay for qualifying employees. Senate Bill 3011, or the ARPA Flex provision, which was adopted with the final 2023 Federal Budget, promises to open up some additional spending categories for ARPA funds. This Bill allows spending for some transportation projects and allows ARPA funds to be used as a match for other Federal Grants. Because this provision changes the spending rules, Treasury will be issuing a new Interim Final Rule, which was promised to be issued on April 15; however, as of the submission of this report (June 7) the Interim Final Rule has not been posted to the website. Contacts with the Treasury Department promise that the new rules will be available “soon.” ARPA Flex may create additional challenges. First, it does not align with the current ARPA spending deadline of December 31, 2026, but adopts a September 30, 2026, deadline to align with the Federal Budget Year, and the amount of funds that cities will be allowed to spend on transportation infrastructure and/or as match for Federal grants remains to be interpreted by Treasury. Staff follows Treasury updates, and attend regular meetings, webinars, and discussion groups to ensure that the City has the latest information. As of this date, Mayor and City Council have committed $56,860,000 of the City’s $77,656,407 allocation. The allocation and spending to date is below. Discussion The funds committed by the Mayor and City Council fall under five broad categories: Small Business and Non-Profit Assistance, Parks and Recreation Rehabilitation, City Services and the Homeless Initiative. The report discusses each project, and spending, Program /Proje ct Com m itte d Spe nt-to- Date 6/7/2023 Small Business/Non-Profit Grant Program 3,000,000$ 1,185,000$ Resource Center 2,000,000 - Seccombe Lake Park 9,000,000 - Nicholson Park 8,850,000 - Roosevelt Bowl 600,000 - Lytle Creek Park 600,000 - Graffiti and Paint Brush (façade) Prgrm 2,000,000 80,571 Violence Intervention Program 1,000,000 112,324 Water Line Lead Connector Repl. Prgrm 5,160,000 - Homeless Initiative and Navigation Center 24,650,000 76,500 TOTAL 56,860,000$1,454,395$ Packet Pg. 664 1 2 7 5 to date, and potential funds that may be reallocated. Small Business and Non-Profit Assistance (All Wards). A total of $5,000,000 was committed by Mayor and City Council to small business and non-profit assistance. $3 million for the Small Business and Non-Profit Grant program, and $2 million for the Entrepreneurial Resource Center. Small Business and Non-Profit Grant Program (All Wards). This program is underway and grant checks are being processed to eligible businesses and non-profits. There were more than 400 applicants, of which approximately 100 were approved. Each applicant was required to attend a selection of business and/or marketing courses designed to help them improve their business performance before they were approved for payment. The classes were developed and taught by the Inland Empire Small Business Development Center (SBDC), which also aided the City with grant applications. The amounts of the grants varied from $10,000 to $35,000, based on the annual gross revenue of the business or non-profit, shown below. Eligible Business Gross Revenue (2019, 2020 or 2021 taxable year) Grant Award Available per Business Annual Gross Revenue $50,000 to $100,000 $10,000 Annual Gross Revenue Greater than $100,000 up to $1,000,000 $25,000 Annual Gross Revenue Greater than $1,000,000 up to $2,500,000 $35,000 Eligible Non-Profit Gross Revenue (2019, 2020 or 2021 taxable year) Grant Award Available per Non-Profit Annual Gross Revenue Greater than $100,000 up to $250,000 $10,000 Annual Gross Revenue Greater than $250,000 up to $500,000 $15,000 Annual Gross Revenue Greater than $500,000 up to $1,000,000 $25,000 Annual Gross Revenue Greater than $1,000,000 $35,000 Staff anticipates that 100% of the $3,000,000 allocated to the Grant Program will be granted, with a second round of grants coming later in 2023. As of the writing of this report, $1,185,000 in grants have been disbursed in the first round. Funds spent to date: $1,185,000 Funds available for reallocation: $0 Funds remaining to be spent: $1,815,000 The Entrepreneurial Resource Center (ERC) (All Wards). The ERC will provide the Packet Pg. 665 1 2 7 5 local small business and non-profit community with access to valuable resources, business counseling, and specialized business assistance programs to help them recover from the ongoing and residual effects of the pandemic and build sustainable resilience to navigate and survive future economic challenges. The ERC is a collaboration with the City and the Inland Empire Center for Entrepreneurship (IECE) at California State University San Bernardino. The City’s contribution to the ERC’s success proposes combining the following ARPA funding allocations: $1 million for small business education, and $1 million to develop a resource center. The proposal is to be considered by Mayor and City Council on 6/7/2023. Funds spent to date: $0 Funds available for reallocation: $0 Funds remaining to be spent: $2,000,000 Parks and Recreation Rehabilitation. There are four parks with ARP funded rehabilitation projects for a total of $19,050,000. Seccombe Lake (Ward 1). Seccombe Lake Park is in census tract 58.00, a QCT, making it eligible for the use of ARP funds under the current rules (State and Local Fiscal Recovery Funds, Frequently Asked Questions 2.18, 2021). Council asked that $9,000,000 of ARP funds be reserved for the Seccombe Lake Park project in case the City did not receive State grant funding. Just days after learning that the City was not awarded State grant funding in 2022, the City received notice of a grant award of $1,000,000 toward the project from the San Manuel Band of Mission Indians. This funding and the $9,000,000 in ARP funds allow for significant improvements to this 43-acre park in the center of the City. Staff continues to seek other funding sources, as directed by Council. The Seccombe Lake Park project is currently in design. Design is anticipated to be completed in the fall of 2023, with bidding and award of a construction contract to be completed in winter 2023/24. Construction should be completed by the end of calendar year 2024. Total spending to date on the Seccombe Lake project is $101,894 in staff time with non-ARPA funds. The ARPA funds will be drawn down when billing for design and construction begins. Packet Pg. 666 1 2 7 5 Nicholson Park (Ward 6). The redevelopment of Nicholson Park is a necessary improvement for the neighborhood served by the park. Closed for more than eight years, the decline of the park became a symbol of the City’s neglect of community assets during and after the bankruptcy. The park serves a diverse neighborhood that includes several mobile home parks. The estimated cost for a complete renovation of the park, excluding the community center, is $10,000,000. The City received permission from the Department of Housing and Urban Development (HUD) to use $1,000,000 in CDBG funds toward the Nicholson Park renovation and will also use $150,000 received as a settlement for Meadowbrook Bridge. The commitment of ARP funds of 8,850,000 brings the total available funding to $10,000,000. Nicholson Park is not located in a QCT. It is in census tract 44.01, which is not a QCT but serves a population that includes a QCT (census tract 44.04). Staff submitted a request to the US Treasury Department for clarification of eligibility because, as noted above, the City has received authorization to use HUD CDBG funding for Nicholson Park based on the service area. The Treasury Department has responded that there will be no pre- authorization or pre-approval of projects for any ARP fund recipients. The uncertainty makes funding Nicholson Park with ARP funds a risk; however, given the direction from Treasury in the final rule to use demographic and community information to justify investments, staff believes that Nicholson Park falls within the spending guidelines. The final rule expanded the list of enumerated projects that are generally eligible if a neighborhood is identified as having been disproportionately impacted by the pandemic. Specifically, Treasury has provided a rule for determining the impact of the pandemic by geographic area using Area Median Income (AMI). Areas that can be designated “low-income” can be presumed to have suffered a greater negative economic impact from the pandemic. Low-income areas are identified by comparing the median income of the specific area (in this case census tract 44.01) to a calculated low-income threshold for a family of three for the County in which the area is located. The County of San Bernardino low-income threshold is $40,626 and the AMI for Census Tract 44.01 is $34,524, well below the threshold. Because Nicholson Park serves a low-income area in tract 44.01 and serves tract 44.04, a QCT, staff believes that renovating the park falls within the allowable use of ARP funds. (Treasury.gov, State and Local Fiscal Recovery Funds, Tool for Determining Low and Moderate Packet Pg. 667 1 2 7 5 Income (LMI) Households, 2022). The Nicholson Park project is in the design phase, which should be complete in the fall of 2023. A construction contract will be awarded in the winter of 2023/24. Construction is anticipated to be complete by the end of calendar year 2024. Total spending to date on the Nicholson Park project is $205,023. Like Seccombe Lake Park, this spending is staff preparation for contracted design and contraction. ARPA funds will be drawn down when billing for design and construction begins. Both the Seccombe Lake and Nicholson Park projects, because they are capital investments of more than $1,000,000, require the City to submit written justification to Treasury for the projects. The final rule discussion of capital investments is focused on the timing of projects as part of a response to the pandemic. The rule states, “the time required for a large construction project may make capital expenditures less responsive to pandemic-related needs relative to other types of responses” (Coronavirus State and Local Fiscal Recovery Funds, Final Rule: Overview of General Standards, January 2022). In the case of these two parks, the City of San Bernardino is uniquely able to address health outcomes with the capital investment of ARP funds and do so within a shorter timeframe because of the extent of community outreach and planning that has already been completed. Roosevelt Bowl (Ward 2). The Roosevelt Bowl at Perris Hill Park is a historic asset of the City. Originally built in 1934 as part of the Work progress Administration (WPA), this outdoor amphitheater not only provides free family entertainment during the summer with movies in the park, but is a popular venue for concerts, graduations, events, and weddings that is underutilized due to its condition. The Mayor and City Council committed $600,000 in ARP funds, and the City received an additional $1,400,000 in Federal funds thanks to Congressman Pete Aguilar. $2,000,000 will allow for the renovation of the main building, concession stand and bathrooms; upgrading the facility to be compliant with the American with Disabilities Act; concrete and electrical work; restoration of the access trail; upgrades to lighting and the sound systems; the installation of fencing; and the restoration of landscaping and irrigation. Packet Pg. 668 1 2 7 5 The Roosevelt Bowl project is in the planning phase. The RFP for design services is in process and will be “on the street” for proposals when this staff report is presented to Mayor and City Council. Design should be completed early in calendar year 2024, and a construction contract will be awarded in the spring of 2024. Construction is planned for completion in the winter of 2024/25. No ARPA funds have been expended on the Roosevelt Bowl renovation to date. Lytle Creek Park (Ward 3). A disused parking lot at the north end of Lytle Creek Park will be converted to two futsal courts, providing more opportunities for recreation for youth in the area. The initial plan was to convert the parking lot into a soccer field; however, community input led to a change in plans to futsal courts. Futsal is similar to soccer but is played by teams of five, on a smaller, hard court, similar to a basketball court, and can be played indoors or outdoors. Futsal is an official FIFA sport, with a World Cup held every four years, which began in 1989. Many world-famous soccer players started in futsal, which is faster paced than soccer and is considered an ideal training ground for technical skills and speed since it is played not only on a smaller hard court, but with a smaller, low bounce ball. The Lytle Creek Park project is in the planning phase. A design contract will be awarded later this summer, and a construction contract sometime in late spring/early summer 2024. Construction should be completed by early 2025. Less than $500 has been expended to date. The final rule reiterates previous guidance that investments in disproportionately impacted neighborhoods, including parks, trails and other improvements that can be linked to better health outcomes are eligible for ARP funds (Coronavirus State and Local Fiscal Recovery Funds, Overview of the Final Rule, January 2022). The investments in the Roosevelt Bowl and Lytle Creek Park make improvements that encourage use of the City’s parks and enable outdoor activities with social distancing. The Roosevelt Bowl can host outdoor events. The improvement to Lytle Creek will provide more opportunity for youth in the surrounding neighborhoods to engage in healthy outdoor activity, which is linked not only to improvements in health outcomes but also is a key part of violence intervention and reduction programs. Total ARPA funds spent to date: $0 Packet Pg. 669 1 2 7 5 Funds available for reallocation: $0 Funds remaining to be spent: $19,050,000 City Services (All Wards). City Services includes the Graffiti, Clean-up and Paintbrush Program for clean-up and façade improvements throughout the City, to which $2,000,000 was committed, and the Violence Intervention Program, to which $1,000,000 was committed, by the Mayor and City Council. Graffiti, Clean-up, and Paint Brush Program (All Wards). The Graffiti, Clean-up, and Paintbrush Program was initially intended to be outsourced; however, the responses to the City’s Request for Proposals (RFP) were significantly higher than the $2 million available budget. Public Works staff determined that the program could be brought in-house for minimal budgetary impact. Since beginning the clean- up program, City staff is successfully mitigating graffiti citywide, cleaning downtown and arterial sidewalks, and mitigating dump sites throughout the City using the two Avant Mini-Loaders purchased last year. The loaders have numerous attachments including pressure washers, flail mowers, compacting rollers (for pothole patching), buckets, grabbers, forks (for fork-lifting) and are turf friendly. As the picture illustrates, the Mini-Loaders make removal of large items like mattresses much easier during clean-ups citywide. A single local artist donates his time working with City staff to paint utility boxes, benches, and murals throughout the City in areas that were previously regularly tagged with graffiti. Much of this public art celebrates local culture and is not only beautiful but can also inspire a greater sense of community in the neighborhoods in which they are located. Murals and other public art are respected by graffiti artists, who will actively Packet Pg. 670 1 2 7 5 protect it from “taggers,” as will members of the neighborhoods in which these unique works of art are located. The Dia de los Muertos mural, located at the City’s pocket park at Arrowhead and 28th Street, has not been tagged since its installation, and the angel wing mural in Muscupiabe has also remained clear of any graffiti. The rose has been tagged only once in a full year, and the zig-zag mural has also only been tagged one time in the year since its completion. Public Works staff estimates that the City is saving several thousand dollars at each mural location annually in paint and labor costs because these murals are inspiring pride of place. Because the program was brought in-house, very little of the $2,000,000 in ARP funds dedicated to the program has been spent. The Graffiti, Clean-up and Paint-Brush Program will continue beyond the timeframe of the ARPA funding because it has minimal operational impact on the General Fund. Staff will be moving forward from graffiti mitigation to façade improvement; working with local businesses to improve storefronts. The Final Rule provided by Teasury specifically allows this use of ARPA funds as a method to improve the neighborhoods in which small businesses operate and attract new small business owners. In light of the success of the graffiti program, staff anticipates that the façade improvement program, if marketed and explained well to the community, will be popular and will have a measureable positive impact on the community. Funds spent to date: $80,571 Funds available for reallocation: $0 Funds remaining to be spent: $1,919,483 Violence Intervention Program (All Wards). The investments Council has committed to the rehabilitation of the City’s parks and recreation facilities have a direct, positive impact on violence intervention by providing safe spaces in neighborhoods, programing for children, teens and young adults which are alternatives to participation Packet Pg. 671 1 2 7 5 in gang activities. These investments support a holistic approach to community violence that focuses more on prevention than intervention after-the-fact. Nevertheless, intervention is a critical component, especially for youth that have been raised in multi-generational gang families, and others for whom early prevention efforts may not have been available. The Mayor and City Council committed $1,000,000 in ARP funds to the City’s existing Violence Intervention Program, an evidence-based program that works to provide community-based and culturally competent service delivery, in community-based, hospital-based, and school-based intervention services, to reduce gang violence, recidivism, and provide supportive services to individuals and families that are affected by gang violence. The Program’s Violence Intervention & Prevention Services: •Crisis Response & Rumor Control •Conflict Mediation & Resolution •Proactive Community Engagement Activities •Custom Notifications •Customized Case Management Plans •Mentoring & Connections Pro-social Activities & Resources •Connections to Educational & Workforce Development As of the October 2021 report to the Mayor and City Council, progress of the Violence intervention Program on the measurable violence reduction goals was as follows: Goal Actual Reduce gang related homicides and shootings by 5% annually. 10% reduction in gang-related homicides and 17% reduction in gang-related shootings. Reduce recidivism among program participants by 15%. 80% of program participants remain arrest free and have not been re-victimized. The other 20% of program participants could not be reached or found. With gang recidivism rates estimated to be more than double that of other offenders, and the national overall recidivism rate at 44%, the significance of 80% of program participants remaining arrest free cannot be overstated. The $1,000,000 dedicated to VIP is being used to leverage other grants and funding from CalVIP and other sources to ensure the greatest impact on the community. The new rules may allow the ARP funds to be used to match state grant funds, which would enable the funding to go even further towards benefiting the community. Funds spent to date: $112,324 Funds available for reallocation: $0 Funds remaining to be spent: $887,676 Water Infrastructure. ARP Funds are specifically allowed to be spent on water, sewer, Packet Pg. 672 1 2 7 5 and storm drainage infrastructure. Because the City of San Bernardino’s Water Department funds capital investments through its rate structure, the Mayor and City Council decided to use the majority of the ARP funds for projects and programs that did not have a clear funding mechanism. Nevertheless, funding some water projects rose to the top because of their impact. Water Line Lead Connector Replacement Program (Ward 6, County). The lateral service line connector is a small connector line between a residential home and the service main for water. In some cases, this connector may contain lead, depending on the decade in which it was installed, and the materials used. The San Bernardino Municipal Water Department (SBMWD) identified neighborhoods in which there were concentrations of connectors installed during time periods in which it was more likely that materials were used that contained lead. The neighborhoods, one within the City limits (the San Anselmo neighborhood) and one just outside the City in Muscoy, included 509 connectors to homes that may contain lead. Over the last nine months, the SBMWD has been researching and testing in the neighborhoods to verify the lateral service connectors that require replacement. During their research, they found that the lateral service connectors in the San Anselmo neighborhood that were suspected of containing lead do not, and thus do not require Packet Pg. 673 1 2 7 5 replacement. The lateral service lines in the Muscoy area are still being verified, but a considerable number have been found to contain lead. The map provided shows the Muscoy neighborhood. The service laterals that have been verified to contain lead are shown in orange, those in purple are unknown. The initial cost was estimated to be $5,160,000; however, because the San Anselmo neighborhood is no longer included in the project scope, the cost will be reduced to $3.6M. The $1,560,000 in ARP funds that will not be used will be available for the Mayor and City Council to reallocate to other ARPA-eligible projects. The project is going out to RFP now and is anticipated to be completed by the end of the calendar year. Funds spent to date: $0 Funds available for reallocation: $1,560,000 Funds remaining to be spent: $3,600,000 (excluding funds available for reallocation) Homeless Initiative and Navigation Center (All Wards). On February 24, 2022, homeless individuals and families in the City of San Bernardino were surveyed for the annual Point in Time Count. The 2022 Point in Time Count revealed that the City continues to have the highest concentration of homeless individuals in the County with a reported 1350 homeless men, women, and children of which 992 were unsheltered. Based on the current legal landscape, the City should provide a total of at least 595 shelter beds (60% of 992), before it can resume enforcement of anti-camping ordinances and minimize the risk of a federal lawsuit. The City currently has 170 shelter beds, which means an additional 425 shelter beds are needed to meet the goal before the City may resume enforcement of anti-camping ordinances.1 More importantly, the City needs to provide shelter for the unhoused in the community. With only 170 shelter beds, the City is currently able to house only 17% of its unsheltered population. Without emergency winter sheltering, the possibility of hypothermia or even freezing to death became a very real possibility this winter when San Bernardino saw unusually low temperatures heavy rains and even some snow. The Homeless Initiative includes: Project Cost Lutheran Social Services Expansion, 172 bed non-congregate housing, including 20 supportive housing units $ 5,000,000 Interim Housing during the development of the SB Hope Campus 973,500 Navigation Center at “School of Hope,” campus-style living with 200 living units; recuperative care center; Operations 16,950,000 Street Outreach; Operations 1,500,000 1 In June 2022, Judge David O. Carter approved an agreement between the City of Los Angeles and the LA Alliance for Human Rights in which the City would build 14,000 housing units within five years, enough to house 60% of the City’s unhoused population not suffering from serious mental illness or drug addiction. Packet Pg. 674 1 2 7 5 Mobile Showers & Laundry; first year operations 150,000 Temporary Housing for ASU Residents 76,500 TOTAL $ 24,650,000 $76,500 of the original $150,000 allocated for temporary housing for ASU residents was spent, and the remainder, as well as $900,000 that was allocated to the San Bernardino Valley College for student housing, has been reallocated to provide interim housing during the development of the SB Hope Campus (Council action 5/17/2023). Funds spent to date: $76,500 Funds available for reallocation: $0 Funds remaining to be spent: $24,573,500 Council’s direction to use ARP funds for the City’s parks, violence intervention program, aid for small businesses, graffiti abatement, clean-up of abandoned store fronts and replacement of lead water service connectors are key investments in the community that, in addition to the significant investments in infrastructure improvements citywide, demonstrate a commitment to the City and the residents of San Bernardino. Staff will continue to monitor guidance from Treasury on the use of ARP funds for additional investment opportunities and update the Mayor and Council. Mayor and City Council have the opportunity to invest the remaining $20,796,407 in a number of ways. As stated above, SB 3011 is opening up the categories for investment; however, Treasury has not published their new interim final rule to provide specific guidance on the new categories of investment. When considering how to invest the remaining ARP funds, Mayor and Council may wish to review the Final Rule and other information provided on the State and Local Fiscal Recovery Funds website at https://home.treasury.gov/policy- issues/coronavirus/assistance-for-state-local-and-tribal-governments/state-and-local- fiscal-recovery-funds. Treasury’s current Final Rule breaks the available areas of investment into four categories: 1) Public Health and Negative Economic Impacts 2) Premium Pay 3) Revenue Loss 4) Water, Sewer, and Broadband Infrastructure Listed below is a more detailed list of programs that fall under the current Treasury categories (with each category identified) and the two broad SB 3011 areas of investments. This list is not all inclusive but covers most areas of investment that might apply to the City of San Bernardino: •Individual, household, business, and non-profit assistance for those impacted by the COVID-19 pandemic (1) •Vaccination and testing centers (1) •Homeless assistance programs (1) Packet Pg. 675 1 2 7 5 •Housing assistance programs (1) •Parks and outdoor recreation areas in Qualified Census Tracts (QCTs) (1) •Violence prevention and intervention programs (1) •Clean-up and façade improvement programs (1) •“Hero” pay for employees (2) •$10,000,000 “Standard Allowance” for revenue loss which may be spent on government services (3) •Broadband investments programs to reach low-income households (with specific speed requirements) (4) •Water, Sewer, and Storm Drainage Infrastructure (4) •Transportation infrastructure (newly added by SB 3011, no guidance from Treasury) •“Non-Federal” Match for Federal grants (newly added by SB 3011, no guidance from Treasury) The City has committed $56,860,000 in total, of which $51,700,000 falls under category (1) Public Health and Negative Economic Impacts. This category covers investments in parks and outdoor recreation spaces that promote healthy lifestyles, investments in violence intervention services, improvements to public spaces, façades and buildings that improve the overall appearance of the City, and financial aid to help mitigate the impacts of the COVID-19 pandemic. The remaining $5,160,000 committed to the SBMWD lateral service connector replacement program falls under category (4) Water, Sewer, and Broadband Infrastructure. Following is a reconciliation of ARPA funds spent to date, remaining, and available for reallocation. Program /Proje ct Com m itte d Spe nt-to- Date 6/7/2023 Re m aining to be Spe nt Av ailable for Re allocation Small Business/Non-Profit Grant Program 3,000,000$ 1,185,000$1,815,000$ -$ Resource Center 2,000,000 -2,000,000 - Seccombe Lake Park 9,000,000 -9,000,000 - Nicholson Park 8,850,000 -8,850,000 - Roosevelt Bowl 600,000 -600,000 - Lytle Creek Park 600,000 -600,000 - Graffiti and Paint Brush (façade) Prgrm 2,000,000 80,571 1,919,429 - Violence Intervention Program 1,000,000 112,324 887,676 - Water Line Lead Connector Repl. Prgrm 5,160,000 -5,160,000 1,560,000 Homeless Initiative and Navigation Center 24,650,000 76,500 24,573,500 - TOTAL 56,860,000$1,454,395$55,405,605$1,560,000$ Uncommitted ARP Funds 20,796,407 T otal Available ARP Funds, Uncommitted and Available for Reallocation 22,356,407$ Packet Pg. 676 1 2 7 5 Other Potential Areas of Investment Premium Pay. Category (2) Premium Pay allows governments to provide premium pay to employees. The intent of the premium pay, according to Sections 602(c)(1)(B) and 603(c(1)(B) of the Social Security Act, as added by ARPA, was “to respond to workers performing essential work during the COVID-19 public health emergency by providing premium pay to eligible workers…” It was also, according to the Department of Labor, essentially the same as hazard pay. However, in defining “eligible worker” Treasury defined all government workers as eligible. Treasury did encourage governments recipients of ARPA funds to be discerning when making decisions about which workers should be given the extra pay, pointing out that the intent of the premium pay was recognize the lowest paid employees in the workforce, who, in general, were found to be more likely to be “on the front lines” during the COVID-19 public health emergency. For comparative purposes, staff surveyed surrounding cities to determine if they provided premium pay to employees, and if so, how much and to which employees. On the following page is a breakdown of the findings and the approximate cost to each city. Note on average versus median.2 Understanding the amounts that cities paid and why they chose to provide premium 2 The average is defined as representative of a set of numbers and is obtained by summing the data and dividing by the number of inputs. The median is defined as the value at which half of the observed numbers are higher, and half are lower. Average is considered best used when the data is “mostly similar,” and using median may a better option if there are outliers; data points distinctly higher or lower than the majority. Pre m ium Pay ? Max Full- Tim e Paid Max Part- Tim e Paid No. of Em ploy e e s Cost, assum ing full-tim e only at m ax Colton Yes 6,000$ -$ 330 1,980,000$ Corona No -$ -$ 632 - Fontana Yes 8,465$ -$ 605 5,121,325$ Moreno Valley Yes 1,000$ 500$ 352 352,000$ Murrieta Yes 1,000$ 500$ 431 431,000$ Ontario Yes 10,000$600$ 1,219 12,190,000$ Pomona Yes 5,000$ 5,000$ 586 2,930,000$ Rancho Cucamonga No -$ -$ 478 - Redlands No -$ -$ 520 - Rialto Yes 3,000$ 3,000$ 417 1,251,000$ Riverside Yes 10,000$10,000$ 2,577 25,770,000$ 4,042$ 1,782$ 741 2,993,854$ 3,000$ 500$ 520 1,560,000$ Av e rage Me dian Packet Pg. 677 1 2 7 5 pay versus invest the ARP funds in their community may depend on many factors. Below are some statistics about the above communities and the City of San Bernardino as a comparison. City3 Population Sq. Miles ARPA Allocation Median Household Income Persons in Poverty, % Colton 54,285 15.55 $14,881,400 $60,874 14.8% Corona 159,743 39.94 $29,158,725 $95,268 9.0% Fontana 210,761 43.07 $50,257,113 $83,468 11.5% Moreno Valley 211,600 51.33 $48,481,233 $73,635 13.5% Murrieta 112,991 33.61 $16,463,101 $98,466 6.1% Ontario 177,963 49.97 $45,609,291 $71,908 13.0% Pomona 148,338 22.99 $45,366,413 $67,549 16.4% Rancho Cucamonga 175,142 40.11 $26,835,530 $97,046 7.3% Redlands 73,288 35.99 $11,508,106 $87,184 8.7% Rialto 104,394 24.09 $29,373,105 $69,934 14.6% Riverside 317,261 81.23 $73,535,189 $76,755 12.9% San Bernardino 222,203 62.13 $77,656,407 $55,372 20.9% AVERAGE 163,997 41.67 $39,093,801 $78,955 12.4% MEDIAN 167,443 40.03 $37,369,759 $75,195 13.0% The average and median above include the City of San Bernardino. The City of San Bernardino received the largest allocation of ARP funds. As can be seen from the data above, San Bernardino has the highest percentage of persons in poverty, the lowest median household income, and population and geographic size second only to that of Riverside. Each City’s leadership has to make decisions based on their city’s needs. Rancho Cucamonga, with one of the lowest percentages of persons in poverty, and the highest median household income, has elected not to use their ARP funds for premium pay for employees, whereas Riverside, with persons in poverty and household income in the middle of the pack, gave the highest premium pay, costing more than $25 million. This amount was more than what remained of their ARPA allocation when they made the decision; their leadership dedicated funds from other sources to make up the difference. Should the Mayor and Council choose to consider premium pay, there are various models for distribution. Below are examples. 1)All employees. Award all employees some amount of premium pay. The City currently has 825 authorized full-time positions, with a vacancy rate of 10-15%. 2)Department-based. Consider awarding premium pay based on the role of departments or divisions during the pandemic, rather than individual positions. 3 US Census Bureau QuickFacts: California Packet Pg. 678 1 2 7 5 3)Timing-based. Consider awarding based on employment during all or part of the formally declared pandemic, March 13, 2020- May 5, 2023. (Excluding employees who are no longer employed with the City when the payments are made.) In considering premium pay and the possible methods and costs, it may be helpful to review the decisions made by other cities. Attached to this report (Attachment 3) are four local news articles reporting on the structure of the payments to employees in Ontario, Redlands, Murrieta, and Rialto. Staff found that most cities did not have a complicated metric like that in Redlands, with weeks worked during a set period of time, but elected to make premium payments to current employees, either full-time only, or both full-time and part-time. As stated above, the City has 825 authorized full-time positions, with a vacancy rate of 10-15%. The City currently employs 188 part-time employees with an average throughout the year of 150. The City generally employs more part-time employees during the summer for parks and recreation programming. Should the Mayor and City Council wish to proceed with premium pay for employees, staff will bring back a report with the details and costs based on whatever model(s) Council would like to consider. Attached (Attachment 4) are examples of the potential cost, based on all existing employees at different levels of premium pay. Parks, Recreation and Community Services There are a number of parks in the City that need investment due to long-term neglect or simply to improve the service to the community. Following is a list of the parks and recreation facilities that would qualify for ARPA funding. Encanto Center and Park Renovations. The Encanto Center and Park renovations include renovating and improving the existing facility as well as the park. Staff will also pursue grant funding. There is approximately $3,400,000 in funding already committed from donations, CDBG and the Cultural Development Fund, with about $500,000 needed to complete the project. Jerry Lewis Swim Center Improvements. These improvements will continue the work already completed at the Jerry Lewis Swim Center including renovating the kitchen, painting, and installing a new water slide. Staff will also pursue grant funding. Approximately $240,000 in improvements were made in FY 2022/23, which included the addition of pool heaters, improvements to the pool and the addition of shade Facility Estim ate d Cost Encanto Center and Park Renovations 500,000$ Jerry Lewis Swim Center Improvements 800,000 Delmann Heights Park Improvements 6,000,000 Perris Hill Park Fencing 2,500,000 T OT AL 9,800,000$ Packet Pg. 679 1 2 7 5 structures. Delmann Heights Park Improvements. The conceptual design for these improvements includes converting the existing football field to synthetic turf and installing a track around the field. Renovating the kitchen, replacing the restrooms with prefabricated restrooms, and replacing the entrance fencing. Improving and renovating the park and community center to its full potential will exceed $6,000,000; however, staff is evaluating and will be pursuing grant opportunities. Perris Hill Park Fencing. Perris Hall Park includes a plethora of community amenities that are currently being renovated and improved by Parks and Public Works staff. The installation of fencing will aid in maintaining the amenities for the community. Parks, Recreation and Community Services staff will work with Grants staff to pursue grant opportunities for parks and recreation facilities, both at the state and Federal level. When the new ARPA Flex rules are issued, there may be additional opportunities for matching Federal grants with ARPA funds, allowing the City to leverage grant funds more effectively. Information Technology Infrastructure. Years of budget cuts and austerity during the bankruptcy led to neglect of the City’s IT infrastructure and software needs. More pressing community needs kept investments in critical internal service needs on the proverbial “back burner.” In the last two years the City has invested in security, servers, fiber, and other upgrades; however, the City has more than a decade of catching up to do. Investing in IT infrastructure and the Enterprise Resource Planning (ERP) system will not only allow the City to provide more efficient service, but also will enable the City to provide better and more transparent reporting to Council and the public. The Mayor and City Council have expressed support and committed more than $2 million to the city-wide technology assessment, which is now complete. This study provided the baseline for the next step, investing in an ERP system. This system will provide city-wide software including Finance, HR, Payroll, Permitting, Building Safety, Land Management, Business Registration, and Cash Receipting. Staff estimates that a system able to serve all of these needs, with implementation and any additional technology infrastructure upgrades to support it, will cost approximately $10 million. $10 million is a significant investment of ARP funds that will directly and positively impact the ability of the City to serve residents and customers. With a better IT infrastructure and a modern ERP, there will be an improvement in the quality of service the City provides, and significant savings in staff time that can be reallocated to better serve the community. $10 million is not enough to address all the IT needs of the City but is enough to make significant progress. The manual processes in every department drive slow response times to City residents and customers and increase the potential for errors. The manual entry of data between disparate software systems and the manual tracking of cash receipts Packet Pg. 680 1 2 7 5 and payroll city-wide costs hundreds of staff hours monthly. Not only do manual systems make providing a high level of customer service challenging, but they also make tracking performance metrics and implementing process improvements difficult when processes are reliant on the daily re-entry of data from one system to another. The savings in staff time mentioned above cannot be easily quantified; however, while the reallocation and savings in staff time will not be immediate, as new software is implemented and the manual processes are phased out, departments will be able to work more efficiently and effectively with existing staff. Better software combined with employees no longer focused on manual data entry, will enable the City to provide the highest level of customer service and track the efficiency of both external and internal processes for continuous improvement. With this allocation of funds, the timeline for an ERP system to be implemented is approximately 24 months. This includes time for the RPF, evaluation, and full implementation of the software. If the Mayor and City Council choose to make this allocation, there will be $12,356,407 remaining ARP funds to be invested. Staff will continue to pursue grants for projects like Seccombe Lake that may be able to be grant-funded and free ARP funds for reallocation to other projects, particularly as the new Interim Final and Final Rule from Treasury are issued with guidance on transportation infrastructure investments and the potential for Federal grant matching using ARP funds. The new rules allowing grant matching with ARP funds may be particularly helpful for the City with investments in parks, the violence intervention program and transportation infrastructure. ARPA Flex It is staff’s hope that the New Interim Final Rule that includes ARPA Flex will be available soon. This information is critical to making recommendations and decisions regarding additional ARPA funds; especially given that the New Interim Final Rule may allow investment in streets and sidewalks, as well as the use of ARPA funds to match other Federal grants. Staff will update the Mayor and City Council as soon as the new Interim Final Rule is issued by Treasury. 2021-2025 Strategic Targets and Goals Investments in the community using the American Rescue Plan funds support Key Strategic Goal 2. Focused, Aligned Leadership and Unified Community, b. Evaluate operations and performance, investment in resources, technology, and tools to continually improve organizational efficiency and effectiveness; and Goal 3. Improved Quality of Life. Fiscal Impact The fiscal impact of allocating additional funds from the City’s ARP allocation is to increase the City’s Adopted FY 2022/23-2023/24 Biennial Budget by $8,440,000, and reduce the remaining ARP funds available for allocation to other projects and programs to $12,356,407. Packet Pg. 681 1 2 7 5 Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1) Reallocate $1,560,000 of funds from the Water Lead Service Connector Program and commit $8,440,000 in additional American Rescue Plan Act (ARPA) funds for a total of $10,000,000 to IT infrastructure and the City’s Enterprise Resource Planning (ERP) system; 2) Adopt Resolution No 2023-107 authorizing the Agency Director of Administrative Services to amend the FY 2022/23-2023/24 Biennial Budget by $8,440,000 in American Rescue Plan funds; and 3) Receive and file this update on the ARP funds allocation, spending opportunities, investments and spending to date. Attachments Attachment 1 – Resolution No. 2023-107 Attachment 2 – Power Point Attachment 3 – Local News Articles, ARPA Premium Pay Attachment 4 – ARPA Premium Pay Sample Cost Calculations Ward: All Wards Synopsis of Previous Council Actions: May 17, 2023 Mayor and City Council reallocated unspent funding from the ASU Temporary Housing and the full allocation from the San Bernardino Valley College for a total of $973,500 for interim housing during development of the SB Hope Campus December 7, 2022 Mayor and City Council Adopted Resolution No. 2022- 26 Amending the FY 2021/22 Operating and Capital Budget allocating $24,650,000 in ARPA funds February 2, 2022 Mayor and City Council Adopted Resolution No. 2022- 26 Amending the FY 2021/22 Operating and Capital Budget allocating $24,050,000 in ARPA funds October 20, 2021 Mayor and City Council Adopted Resolution No. 2021- 247 Amending the FY 2021/22 Operating and Capital Budget allocating $8,160,000 in ARPA funds Packet Pg. 682 1 2 7 5 August 4, 2021 Mayor and City Council received a report and discussed the categories for spending the City’s American Rescue Plan Allocation March 17, 2021 Mayor and City Council received a presentation on the American Rescue Plan from Congressman Pete Aguilar Packet Pg. 683 Resolution No. 2023-107 July 19, 2023 Resolution 2023-107 Page 1 of 4 2 5 6 5 RESOLUTION NO. 2023-107 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ASSIGNING FUNDS FROM THE AMERICAN RESCUE PLAN (ARP) HELD IN RESERVE: $8,440,000 TO REPLACING THE CITY’S ENTERPRISE RESOURCE PLANNING (ERP) SYSTEM AND OTHER IT INFRASTRUCTURE NEEDS, REALLOCATING $1,560,000 OF FUNDS FROM THE WATER SERVICE LINE CONNECTOR REPLACEMENT PROGRAM TO THE ERP AND RELATED IT INFRASTRUCTURE PROJECT FOR A TOTAL OF $10,000,000, AND AUTHORIZING THE AGENCY DIRECTOR OF ADMINISTRATIVE TO AMEND THE BIENNIAL 2022/23-2023/24 BUDGET BY $8,440,000. WHEREAS, the City considers the need for a new Enterprise Resource Planning (ERP) software system a critical need to move the City forward and to better serve the community; and WHEREAS, the City recognizes improving the City’s software systems will improve the ability of staff to work efficiently and effectively; and WHEREAS, the Water Service Line Connector Replacement Program has $1,560,000 in funds available for reallocation; and WHEREAS, the City may allocate up to $10,000,000 of American Rescue Plan funds to internal City needs including software needs; and WHEREAS, the final rule for the use of ARP funds provides guidance that indicates that the ERP and IT Infrastructure Project is eligible for ARP funding. 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. Mayor and City Council hereby authorize the Agency Director of Administrative Services to amend the Biennial 2022/23-2023/24 Capital Budget by $8,440,000 of American Rescue Plan Act funds and reallocate $1,560,000 in funds from the Water Service Line Connector Replacement Program for a total of $10,000,000. SECTION 3.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 Packet Pg. 684 Resolution No. 2023-107 July 19, 2023 Resolution 2023-107 Page 2 of 4 2 5 6 5 environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. SECTION 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. Packet Pg. 685 Resolution No. 2023-107 July 19, 2023 Resolution 2023-107 Page 3 of 4 2 5 6 5 APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this ___ day of __________ 2023. Helen Tran, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney Packet Pg. 686 Resolution No. 2023-107 July 19, 2023 Resolution 2023-107 Page 4 of 4 2 5 6 5 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2023-107, adopted at a regular meeting held on the ___ day of _______ 2023 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ REYNOSO _____ _____ _______ _______ CALVIN _____ _____ _______ _______ ALEXANDER _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________ 2023. Genoveva Rocha, CMC, City Clerk Packet Pg. 687 American Rescue Plan Act Update Barbara Whitehorn, Agency Director of Administrative Services Mary Alvarez-Gomez, Grants Division Manager July 19, 2023 Packet Pg. 688 Rescue Plan Funds – Discussion and Planning Presentation Overview •Quick Recap •Allocation •Eligible Spending Categories •Commitment of Funds •Progress Report on Spending •Remaining Funds and Funds Available for Reallocation •Potential Areas for Investment and Recommendations •Discussion 2 Packet Pg. 689 Rescue Plan Funds – Allocation 3 •San Bernardino’s Allocation: $77,656,407 •Must be obligated by Dec. 31, 2024, and •Spent by Dec. 31, 2026 Packet Pg. 690 Rescue Plan Funds – Eligible Spending 4 •Water, Sewer and Storm Drainage Infrastructure •Broadband internet “last mile” •Vaccination Programs •Individual, family, non-profit and small business relief •Sheltering for Unhoused •Violence Intervention Programs •Improvements to Public Outdoor Spaces (parks and recreation facilities, trails, public squares) in Qualified Census Tracts (QCTs) •Built environment and building façade improvements •“Hero” pay Specifically Allowed Expenditures Packet Pg. 691 Rescue Plan Funds – Eligible Spending 5 •Transportation Infrastructure •“Non-Federal Match” for Federal Grants Specifically Allowed Expenditures Under New Interim Final Rule Was to be Issued April 15, 2023; No Information Yet Packet Pg. 692 Investment of Funds 6 Packet Pg. 693 Rescue Plan Funds – Investments 7 Small Business and Non-Profit Grant Program •Negative economic impact due to pandemic •Operating or capital •Grants from $5,000 to $35,000 $3,000,000 Packet Pg. 694 Rescue Plan Funds – Investments 8 •Existing Businesses and Non-Profit Grants •$3,000,000 •Negative economic impact from COVID •Areas and populations designated as having been disproportionately impacted do not need proof •Resource Center •Support local minority business entrepreneurs •$2,000,000 $5,000,000: $3,000,000 grants; $2,000,000 Resource Center Packet Pg. 695 Rescue Plan Funds – Spent to Date 9 •Existing Businesses and Non-Profit Grants •$3,000,000 •$1,185,000 in checks issued •Anticipate 100% completion with 2nd round of grants •Resource Center •$2,000,000 •Plan for Resource Center presented to Mayor and City Council June 7, 2023 $5,000,000: $3,000,000 grants; $2,000,000 Resource Center Packet Pg. 696 Investment of Funds 10 Packet Pg. 697 Rescue Plan Funds – Investments 11 Seccombe Lake Park Rehabilitation •Public outdoor recreation space •Located in a QCT •Close to downtown •Serves residents citywide$9,000,000 Packet Pg. 698 Rescue Plan Funds – Investments 12 Nicholson Park Rehabilitation •Public outdoor recreation space •Not located in a QCT •Service area includes low-income and QCT •Area with high gang activity •Does not include community center $8,850,000 Packet Pg. 699 Rescue Plan Funds – Investments Roosevelt Bowl Renovation •Outdoor amphitheater •Built in 1934 as part of the Work Progress Administration (WPA) •Located in a QCT •Provides additional outdoor options for safe, socially distanced entertainment $600,000 13 Packet Pg. 700 Rescue Plan Funds – Investments 14 Lytle Creek Park – New Futsal Courts •Public outdoor recreation space •Located in a QCT •Convert disused parking lot on north end of park to 2 futsal courts with seating for teams and spectators $600,000 Packet Pg. 701 Rescue Plan Funds – Spent to Date 15 Parks Rehabilitation •No funds spent to date •Park rehabilitations in planning and design $19,040,000 Packet Pg. 702 Investment of Funds 16 Packet Pg. 703 Rescue Plan Funds – Investments 17 Graffiti, Clean-Up and Paintbrush (façade) Program •In-House Team conducting work- Minimal Operational Cost •Public Works lead; working with a local artist to add murals and public art to discourage graffiti •City-wide initiative; Savings $2-3,000 at each mural site in paint and labor costs annually $2,000,000 Packet Pg. 704 Rescue Plan Funds – Spent to Date 18 Graffiti, Clean-Up and Paintbrush Program •Spent to Date: $80,571 •Program is efficiently run in-house •Shifting focus to include façades •Business outreach & marketing $2,000,000 Packet Pg. 705 Rescue Plan Funds – Investments Violence Intervention Program •Evidence-Based Community Intervention •Four Operational Components: •Data-Driven Violence Analysis •Open Communication •Building Trust and Providing Safety •Long-Term Support$1,000,000 19 Funds Spent to Date •Committed: $1,000,000 •Spent: $112,324 •Available for Reallocation: $0 Packet Pg. 706 Investment of Funds 20 Water Infrastructure Packet Pg. 707 Rescue Plan Funds – Investments 21 Water Infrastructure: Lead Lateral Service Connector Replacement •Replacing lateral service line from water main to meter (residential) •San Anselmo neighborhood in City •Muscoy neighborhood just outside city limits •Street rehabilitation will be completed as part of project $5,160,000 Muscoy: Orange=lead; Purple=unknown Packet Pg. 708 Rescue Plan Funds – Spent to Date 22 Water Infrastructure: Lead Lateral Service Connector Replacement •Spent to Date: $0 •RFP for Project in Progress •San Anselmo neighborhood determined not to contain lead •Project Cost reduced from $5,160,000 to $3,600,000 •Funds Available for Reallocation: $1,560,000 $5,160,000; Now $3,600,000 Packet Pg. 709 Investment of Funds 23 Homeless Initiative Packet Pg. 710 Rescue Plan Funds – Investments 24 Homeless Initiative and Navigation Center Purpose Amount Lutheran Social Services $ 5,000,000 Homeless Outreach- 1st Year Operations 1,500,000 Mobile Shower & Laundry- 1st Year Operations 150,000 Navigation Center 13,423,500 Temporary Housing for ASU Tenants 76,500 Navigation Center Operations 4,500,000 TOTAL $ 24,650,000 Packet Pg. 711 Rescue Plan Funds – Spent to Date 25 Homeless Initiative and Navigation Center Temporary Housing for ASU Residents •$150,000 Allocated; $76,500 spent •All ASU tenants provide with rental assistance •$73,500 reallocated to interim housing SB Valley College Housing •$900,000 Allocated; unable to be spent •$900,000 reallocated to interim housing Packet Pg. 712 Rescue Plan Funds – Spent to Date 26 Homeless Initiative and Navigation Center Purpose Amount Spent-to-Date Reallocated Lutheran Social Services $ 5,000,000 -0--0- San Bernardino Valley College 900,000 -0-(900,000) Homeless Outreach- 1st Yr. Ops.1,500,000 -0--0- Mobile Shower & Laundry- 1st Yr. Ops.150,000 -0--0- Navigation Center 12,450,000 -0-973,500 Temp. Housing for ASU Tenants 150,000 76,500 (73,500) Navigation Center Operations 4,500,000 -0--0- TOTAL $ 24,650,000 76,500 -0- Packet Pg. 713 Rescue Plan Funds – Total Commitments 27 Category Amount Small Business/Non-Profit Grants; Aspen Inst.; Resource Ctr.$ 5,000,000 Seccombe Lake Park 9,000,000 Nicholson Park 8,850,000 Roosevelt Bowl; Lytle Creek Park ($600,000 each)1,200,000 Graffiti and Paint Brush Program 2,000,000 Violence Intervention Program 1,000,000 Water Line Connector Project 5,160,000 Homeless Initiative and Navigation Center 24,650,000 TOTAL $ 56,860,000 Packet Pg. 714 Progress Report on Spending - Summary 28 Category Amount Spent Small Business/Non-Profit Grants; Resource Ctr.1,185,000 Seccombe Lake Park - Nicholson Park - Roosevelt Bowl; Lytle Creek Park ($600,000 each)- Graffiti and Paint Brush Program 80,571 Violence Intervention Program 112,324 Water Line Connector Project - Homeless Initiative and Navigation Center 76,500 TOTAL $ 1,545,395 Packet Pg. 715 Rescue Plan Funds - Snapshot 29 Packet Pg. 716 Other Potential Areas of Investment 30 Packet Pg. 717 Premium Pay for Employees 31 Packet Pg. 718 Premium Pay •Allowed by Treasury •Few Restrictions – all government employees are considered eligible •Intent: to reward lowest paid workers, generally found to be minorities, who worked “front-line” jobs when others could work remotely or in a “safer” environment 32 Packet Pg. 719 Premium Pay- Regional Survey Surrounding Cities – Premium Pay City Premium Pay? Colton Yes Corona No Fontana Yes Moreno Valley Yes Murrieta Yes Ontario Yes Pomona Yes City Premium Pay? Rancho Cucamonga No Redlands No Rialto Yes Riverside Yes 33 Packet Pg. 720 Premium Pay- Regional Survey Surrounding Cities- Household Income, Poverty City Median House. Income Percent Persons in Poverty Colton $60,874 14.8% Corona $95,268 9.0% Fontana $93,468 11.5% Moreno Valley $73,634 13.5% Murrieta $98,466 6.1% Ontario $71,908 13.0% City Median House. Income Percent Persons in Poverty Pomona $67,549 16.4% Rancho Cucamonga $97,046 7.3% Redlands $87,184 8.7% Rialto $69,934 14.6% Riverside $76,755 12.9% 34 San Bernardino: $55,372; 20.9% Packet Pg. 721 Premium Pay – Regional Survey •State of California •Median Household Income: $84,097 •Percent of Persons in Poverty: 12.3% •Average of Regional Cities (including San Bernardino) •Median Household Income: $78,955 •Percent of Persons in Poverty: 12.4% 35 Packet Pg. 722 Premium Pay – Regional Survey San Bernardino •Median Household Income •34.2% lower than the State overall •29.9% lower than the regional cities surveyed •Percent of Persons in Poverty •70% higher than the State overall •68.7% higher than the regional cities surveyed 36 Packet Pg. 723 Premium Pay- Regional Survey Surrounding Cities- Amounts Provided (maximum) City Full-Time Part-Time Colton $6,000 0 Corona 0 0 Fontana $8,465 0 Moreno Valley $1,000 $500 Murrieta $1,000 $500 Ontario $10,000 $600 City Full-Time Part-Time Pomona $5,000 $5,000 Rancho Cucamonga 0 0 Redlands 0 0 Rialto $3,000 $3,000 Riverside $10,000 $10,000 37 Full-Time, Average: $4,042 Median: $3,000 Part-Time, Average: $1,782 Median: $500 Packet Pg. 724 Premium Pay – Options •All Full-Time and Part-Time Employees •825 authorized positions, 10-15% vacancy •188 part-time employees currently •Department-Based •Department or Division •Timing-Based •i.e., hired/employed during the formally declared pandemic: March 13, 2020- May 5, 2023 (and still employed with the City) 38 Packet Pg. 725 Parks and Recreation Facilities 39 Packet Pg. 726 Parks Facilities Eligible for ARPA 40 Packet Pg. 727 Encanto Center and Park •The Encanto Center and Park renovations include renovating and improving the existing facility as well as the park. Staff will also pursue grant funding. 41 Estimate: $3,900,000 Existing Funding: $3,400,000 ARPA: $500,000 Packet Pg. 728 Jerry Lewis Swim Center •Improvements will continue the work already completed at the Jerry Lewis Swim Center to include renovating the kitchen, painting, and installing a new water slide. Staff will also pursue grant funding. 42 Estimate: $2,200,000 Existing Funding: $1,400,000 ARPA: $800,000 Packet Pg. 729 Delmann Heights •The conceptual design for these improvements includes converting the existing football field to synthetic turf and installing a track around the field. Renovating the kitchen, replacing the restrooms with prefabricated restrooms and replacing the entrance fencing. •Fully improving and renovating the park will exceed $6,000,000, and staff will pursue multiple grant opportunities. 43 Estimate:$6,000,000 Packet Pg. 730 Perris Hill Park Fencing •Perris Hall Park includes a plethora of community amenities that are currently being renovated and improved by Parks and Public Works staff. The installation of fencing will aid in maintaining the amenities for the community. 44 Estimate:$2,500,000 Packet Pg. 731 Total Parks & Recreation Facilities 45 Packet Pg. 732 Enterprise Resource Planning Software and Technology Improvements 46 Packet Pg. 733 “Standard Allowance” – Technology Needs •The Final Rule allows a $10M “standard allowance” for revenue loss, even if a city did not have actual revenue loss during COVID. •The Revenue Loss category may be spent on “government services” including technology infrastructure and software. 47 Packet Pg. 734 “Standard Allowance” – Technology Needs •City uses multiple obsolete and incompatible software systems •Manual entry between systems •Inefficient, error-prone, wastes valuable staff time •Completed an evaluation of Enterprise Resource Planning (ERP) software needs •Cost estimate: $8-10 million 48 Packet Pg. 735 “Standard Allowance” – Technology Needs •More staff time dedicated to service. •Improved transparency and reporting. •Better able to meet customer needs (online options, easy tracking of permits, licenses, etc.) •Less hiring in future as efficient systems and processes save staff time.49 How does replacing software help the community? Packet Pg. 736 Request for Commitment •$10M •$8,440,000 in “new” ARP Funds •$1,560,000 reallocated from Water Service Line Connector Program •Staff will pursue grants and alternative funding sources •New rules may allow ARP funds to match Federal grants 50 Packet Pg. 737 ARPA Flex: New Opportunities 51 Packet Pg. 738 FLEX: New Potential Areas of Investment •New Rules may open opportunities: •Transportation infrastructure •Using ARP Funds as “non-Federal” match for Federal grants •Staff will bring information to Mayor and City Council as soon it becomes available 52 Packet Pg. 739 Staff Recommendation •Commit Funding to ERP and IT Infrastructure •Provide Direction on Pursuing: •Premium Pay for Staff •Parks & Recreation Facilities •ARPA Flex (Pending New Rules) 53 Packet Pg. 740 Recommendation and Funding Reconciliation ARP Allocation $ 77,656,407 Commitments to Date (56,860,000) Available for Reallocation: Water Line Service Connector Replacement Program 1,560,000 Remaining ARP Funds 22,356,407 Requested Commitment, ERP & IT (10,000,000) Remaining ARP Funds $ 12,356,407 54 Packet Pg. 741 DISCUSSION 55 Packet Pg. 742 Ontario Packet Pg. 743 Packet Pg. 744 Redlands Packet Pg. 745 Packet Pg. 746 Packet Pg. 747 Murrieta Packet Pg. 748 Packet Pg. 749 Packet Pg. 750 Packet Pg. 751 Rialto Packet Pg. 752 Packet Pg. 753 Employees* Full-Time Premium Pay Part-Time Premium Pay Cost Employees* Full-Time Premium Pay Part-Time Premium Pay Cost 725 1,000$ -$ 725,000$ 725 3,000$ -$ 2,175,000$ 188 -$ 1,000$ 188,000$ 188 -$ 1,500$ 282,000$ TOTAL COST 913,000$ TOTAL COST 2,457,000$ Employees* Full-Time Premium Pay Part-Time Premium Pay Cost Employees* Full-Time Premium Pay Part-Time Premium Pay Cost 725 1,000$ -$ 725,000$ 725 5,000$ -$ 3,625,000$ 188 -$ 500$ 94,000$ 188 -$ 2,500$ 470,000$ TOTAL COST 819,000$ TOTAL COST 4,095,000$ Employees* Full-Time Premium Pay Part-Time Premium Pay Cost 725 2,000$ -$ 1,450,000$ 188 -$ 1,000$ 188,000$ TOTAL COST 1,638,000$ Simple ARPA Premium Pay Cost Calculation (using all current employees for calculations) *Employee totals assume 825 authorized full-time positions with 100 vacancies (approx. 10-15% rate) and that 100% of the 188 current part-time employees would receive the premium pay. Scenario 1: All employees receive $1,000 Scenario 2: Full-Time employees receive $1,000; Part-Time receive $500 Scenario 3: Full-Time employees receive $2,000; Part-Time receive $1,000 Scenario 4: Full-Time employees receive $3,000; Part-Time receive $1,500 Scenario 5: Full-Time employees receive $5,000; Part-Time receive $2,500 Packet Pg. 754 1 3 8 4 DISCUSSION City of San Bernardino Request for Council Action Date:July 19, 2023 To:Honorable Mayor and City Council Members From:Charles E. McNeely, Interim City Manager; Daniel Hernandez, Agency Director of Public Works, Operations, and Maintenance Department:Public Works Subject:Concept Plan Approval for Seccombe Lake Park Revitalization Project (Ward 1) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the concept plans prepared for Seccombe Lake Park Revitalization Project and direct staff to proceed with final design for the project. Background On September 21, 2022, the Mayor and City Council approved the award of a Design Services Agreement with RHA Landscape Architects Planners, Inc. in the amount of $537,855 for the revitalization of Seccombe Lake Park. In October 2022, the design work for the proposed improvements was initiated. The proposed improvements include installation of new playground, concrete walkways, pet waste stations, accent entry pavers, new restroom facility, outdoor exercise stations, new park lighting, parking asphalt resurfacing, electric vehicle charging stations, outdoor amphitheater seating, renovation of existing bridge over the lake and lake cleanup and aeration repair. Restoration of the park and its amenities will assist the City in promoting positive outdoor activities and restore recreational opportunities to surrounding neighborhoods Discussion The project will revitalize the Seccombe Lake Park with new amenities, and restoration of existing infrastructure. The Seccombe Lake Park Revitalization project will re-create a sense of place and become a gathering point for people living and working in the downtown area. It will be a place to hold events and gatherings. This Packet Pg. 755 1 3 8 4 park will help build a safer community, provide a place for children to play and interact, walkers to walk and exercise, and a place to relax and enjoy the outdoors. Seccombe Lake Park is located in the center of the City, and has been serving the surrounding community for many years. Due to neglect and vandalism, the Park has not felt welcoming to visitors. The Seccombe Lake Park will receive a new look and be recreated to meet the current recreational needs of the neighborhood and community. The following are the proposed improvements as part of this project: •New Playground: Full replacement of existing playground with addition of some all-inclusive playground equipment with rubberized turf and shade canopies. •Entry Point Paver Upgrades •ADA Ramps Installation: Upgrade all pedestrian ramps to current standards for accessibility. •Picnic Tables: Picnic area with large shade cover. •Pet Waste Stations •Outdoor Amphitheater Seating •Center Island Restoration: Extensive soil restoration, re-landscaping, and stamped concrete/paver installed to replace existing sidewalk. Footbridge Repair and Re-Paint. Replacement of wood planks and repainting of both footbridges. •Exercise Stations •Tree Lighting: Decorative lighting for the date palms. •Flagpole Lighting: Solar wrap up lighting on flagpoles. •EV Charging Stations •New Restroom/Kitchen/Storage Building •Entire lake area clean-up: Complete removal of all lake debris that has accumulated over the years. •Renovate existing Gazebo •Main Entry Archways •Aquatic Art Pieces •Renovation of Dirt/Grass Areas: Replacement of grass with rock and DG ground layers with low water use plants. •Upgrade Concession Area: Upgrades are to enhance visual atheistic and accessibility •Parking lot rehabilitation •Tree planting and irrigation restoration As part of the concept design phase, staff organized several community meetings to discuss the proposed improvements, and the concept plans were prepared based on feedback from the community. Packet Pg. 756 1 3 8 4 Staff researched various vendors to construct a design concept for the new playground layout. The plans were prepared with current public outreach activities in mind (see Attachment 1: Concept Design Plans). A construction bid package, which includes specifications and cost estimates, will be prepared as part of the final design plans. Staff will return to the Council by end of the year (December 2023- estimated) to appropriate a final project budget after construction bids are received. Staff recommends that the Council approve the concept plans prepared for Seccombe Lake Park Revitalization Project and direct staff to pursue a final design for the project. Project budget for the proposed work was previously established through approved grant funding by the San Manuel Band of Mission Indians in the amount of $1,000,000 and assignment of funds from the American Rescue Plan Act (ARPA) held in reserve in the amount of $8,998,970 for the Seccombe Lake Park recreation improvements. Staff will return to Council to appropriate final project budget after construction bids are received. 2021-2025 Strategic Targets and Goals The authorization of this agreement aligns with Key Target No. 4.: Economic Growth & Development. Completion of this project will improve park assets by providing ADA compliant recreational features, upgrade restroom facilities, and restore irrigation and lighting systems to provide a safe and well-maintained community park. The lake improvements will revitalize and enhance the character of the park. Fiscal Impact There is no General Fund impact associated with this action. Funding was previously established and exists in the project for the proposed work. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the concept plans prepared for Seccombe Lake Park Revitalization Project and direct staff to proceed with final design for the project. Attachments Attachment 1 Attachment 2 Presentation Concept Plan Ward: First Ward Synopsis of Previous Council Actions: September 21, 2022 Mayor and City Council approved design services agreement award for Seccombe Lake Park Revitalization Project. Packet Pg. 757 Title: Concept Plan Approval for Seccombe Lake Park Revitalization Project (Ward 1) Presented by: Daniel Hernandez, Agency Director of Public Works, Operations and Maintenance & Susan Pan, Acting City Engineer Packet Pg. 758 •The project will revitalize the Seccombe Lake Park with new amenities, and restoration of existing infrastructure. •Project will re-create a sense of place and become a gathering point for people living and working in the downtown area. •This park will help build a safer community, provide a place for children to play and interact, walkers to walk and exercise, and a place to relax and enjoy the outdoors. Project Description Packet Pg. 759 •New Playground •Entry Point Paver Upgrades •ADA Ramps Installation •Picnic Tables •Pet Waste Stations •Outdoor Amphitheater Seating •Center Island Restoration •Exercise Stations •Tree Lighting •Flagpole Lighting •EV Charging Stations •New Restroom/Kitchen/Storage Building •Entire lake area clean-up •Renovate existing Gazebo •Main Entry Archways •Aquatic Art Pieces •Renovation of Dirt/Grass Areas •Upgrade Concession Area •Parking lot rehabilitation •Tree planting and irrigation restoration Project Proposed Improvements Packet Pg. 760 Concept Plan Project Timeline •Final Design by September 2023 •Bid, Advertise, and Contract Award by December 2023 •Construction started by January 2024, and completed by end of 2024. Packet Pg. 761 Conclusion: Approve the concept plans prepared for Seccombe Lake Park Revitalization Project and direct staff to proceed with final design for the project. Packet Pg. 762 Packet Pg. 763 Packet Pg. 764 PUBLIC HEARING City of San Bernardino Request for Council Action Date:July 19, 2023 To:Honorable Mayor and City Council Members From:Charles E. McNeely, Interim City Manager; Barbara Whitehorn, Agency Director of Administrative Services; Mary Lanier, Interim Agency Director of Community, Housing, and Economic Development Department:Finance Subject:Public Hearings on Fiscal Year 2023/24 Assessment Levies for Previously Formed Assessment Districts. (All Wards) Recommendation: Hold public hearings and: 1. Adopt Resolution No. 2023-108 of the Mayor and City Council of the City of San Bernardino, California, Confirming the Diagram and Assessment for Assessment District No. 1022 and Zones 1, 2 and 3 thereof for Fiscal Year 2023-24; 2. Adopt Resolution No. 2023-109 of the Mayor and City Council of the City of San Bernardino, California, Confirming the Diagram and Assessment for Assessment District Nos. 1017, 1019, 1020, 1023 and 1024 for Fiscal Year 2023-24; 3. Adopt Resolution No. 2023-110 of the Mayor and City Council of the City of San Bernardino, California, Confirming the Diagram and Assessment for Assessment District Nos. 1028, 1029, 1030, 1031, 1032, 1035 (ZONE 1), 1035 (ZONE 2), 1036, 1037, 1038, 1039, 1040, 1041, 1042, 1043 (ZONE 1), 1043 (ZONE 2), 1045, 1046, 1047, 1048, 1050, 1052, 1054, 1055, 1056, 1057, 1059, 1060, 1063, 1064 and 1068 for Fiscal Year 2023-24; 4. Adopt Resolution No. 2023-111 of the Mayor and City Council of the City of San Bernardino, California, Confirming the Diagram and Assessment for Assessment District Nos. 951 (ZONE 1), 951 (ZONE 2), 952 (ZONES 1, 2 AND 2A), 952 (ZONE 3), 953, 956, 959 (ZONE 1), 962, 963, 968, 974, 975, 976, 981, 982, 986, 989, 991, Packet Pg. 765 993, 997, 1001, 1002, 1005, 1007, 1012 and 1016 for Fiscal Year 2023-24; and 5. Adopt Resolution No. 2023-112 of the Mayor and City Council of the City of San Bernardino, California, Confirming the Diagram and Assessment for Assessment District Nos. 1025 and 1027 for Fiscal Year 2023-24. Background Assessment Districts are special districts that were formed when property owners within a geographic area agreed to impose an additional fee on property to fund services or improvements that benefitted only that specific geographic area. Each district adopted a purpose that is unique to that district depending on the needs identified by the property owners at the time of the formation of the district. A particular district’s assessment may cover “Landscaping and Sewer Lift Stations,” while another covers “Landscaping and Lighting.” On May 17, 2023 the Mayor and City Council adopted resolutions declaring an intent to levy and collect assessments on assessable lots and parcels of property within each of the assessment districts previously established by the City of San Bernardino for Fiscal Year 2023/24 pursuant to engineer’s reports prepared by Spicer Consulting Group, LLC, the Engineer of Record, and called a public hearing on the proposed assessments to be levied on assessable lots and parcels within each assessment district for July 19, 2023. The public hearing process, to include the adoption of subsequent resolutions, must be completed prior to levying the assessments for the coming fiscal year. The notice of said hearing was duly published as required by law. Discussion The assessments proposed to be levied and collected from the owners of property within each previously formed assessment district for fiscal year 2023/24 will pay the costs of the following (varying by district, as discussed above): maintenance, servicing and operating of public landscaping, landscaping and lighting, sewer lift stations, landscaping and sewer lift stations, and landscaping, detention basin and storm drains and appurtenant facilities. The assessment of an annual fee upon properties within each assessment district provides the revenue to offset the cost of maintenance of the public improvements within each assessment district. The amount of the assessments which are proposed to be levied on all parcels of assessable land within each assessment district has been determined pursuant the methodology in each engineer’s report and is based on special benefit conferred upon each such parcel from the payment of the cost of the maintenance, servicing and operation of the public improvements. 2021-2025 Strategic Targets and Goals This project is consistent with Key Target No. 1: Improved Operational & Financial Capacity and Key Target No. 3d: Improve the City’s appearance, cleanliness and attractiveness. This project will contribute to ensure that the City is clean and attractive and provide infrastructure designed for long term economic growth. Packet Pg. 766 Fiscal Impact There is no fiscal impact to the General Fund with this action. The assessment on properties within the assessment districts provides revenue to offset the cost of maintenance of public improvements. The engineering reports set forth the “Maximum Allowable Assessment” for each parcel. Conclusion Hold public hearings and: 1. 1. Adopt Resolution No. 2023-108 of the Mayor and City Council of the City of San Bernardino, California, Confirming the Diagram and Assessment for Assessment District No. 1022 and Zones 1, 2 and 3 thereof for Fiscal Year 2023- 24; 2. Adopt Resolution No. 2023-109 of the Mayor and City Council of the City of San Bernardino, California, Confirming the Diagram and Assessment for Assessment District Nos. 1017, 1019, 1020, 1023 and 1024 for Fiscal Year 2023-24; 3. Adopt Resolution No. 2023-110 of the Mayor and City Council of the City of San Bernardino, California, Confirming the Diagram and Assessment for Assessment District Nos. 1028, 1029, 1030, 1031, 1032, 1035 (ZONE 1), 1035 (ZONE 2), 1036, 1037, 1038, 1039, 1040, 1041, 1042, 1043 (ZONE 1), 1043 (ZONE 2), 1045, 1046, 1047, 1048, 1050, 1052, 1054, 1055, 1056, 1057, 1059, 1060, 1063, 1064 and 1068 for Fiscal Year 2023-24; 4. Adopt Resolution No. 2023-111 of the Mayor and City Council of the City of San Bernardino, California, Confirming the Diagram and Assessment for Assessment District Nos. 951 (ZONE 1), 951 (ZONE 2), 952 (ZONES 1, 2 AND 2A), 952 (ZONE 3), 953, 956, 959 (ZONE 1), 962, 963, 968, 974, 975, 976, 981, 982, 986, 989, 991, 993, 997, 1001, 1002, 1005, 1007, 1012 and 1016 for Fiscal Year 2023-24; and 5. Adopt Resolution No. 2023-112 of the Mayor and City Council of the City of San Bernardino, California, Confirming the Diagram and Assessment for Assessment District Nos. 1025 and 1027 for Fiscal Year 2023-24. Attachments Attachment 1 - Resolution 2023-108 - Diagram and Assessments 1022 Attachment 2 - Resolution 2023-109 - Diagram and Assessments 1017 -1024 Attachment 3 - Resolution 2023-110 - Diagram and Assessments 1028 - 1068 Attachment 4 - Resolution 2023-111 - Diagram and Assessments 951-1016 Attachment 5 - Resolution 2023-112 - Diagram and Assessments 1025 & 1027 Ward: All Wards Packet Pg. 767 Synopsis of Previous Council Actions: April 19, 2023 City Council adopted a Resolution Initiating Proceedings to Levy and Collect Assessments for Fiscal Year 2023/24 in various assessment districts pursuant to the California Constitution and the City Charter, appointing the Engineer of Record and ordering preparation of engineer’s reports. May 17, 2023 City Council adopted resolutions declaring intention to levy and collect assessments for Fiscal Year 2023/24 within various assessment districts within the City of San Bernardino, approved engineer’s reports for each assessment district and provided notice of the time and place of hearing on proposed assessments in each assessment district. Packet Pg. 768 Resolution No. 2023-108 Resolution No. 2023-108 July 19, 2023 Page 1 of 4 2 9 0 0 RESOLUTION NO. 2023-108 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, CONFIRMING THE DIAGRAM AND ASSESSMENT FOR ASSESSMENT DISTRICT NO. 1022 AND ZONES 1, 2 AND 3 THEREOF FOR FISCAL YEAR 2023-24 WHEREAS, on May 17, 2023, the City Council (the “City Council”) of the City of San Bernardino, California (the “City”) adopted Resolution No. 2023-066, a resolution of intention pursuant to the Charter of the City of San Bernardino and Section 19 of Article 16 and in compliance with Article XIII D of the Constitution of the State of California (the “Assessment Law”), which, among other things, scheduled a public hearing on the levy and collection of assessments on the lots and parcels of assessable property within Assessment District No. 1022 and Zones 1, 2 and 3 thereof, of the City of San Bernardino (the “Assessment District”) for Fiscal Year 2023-24 pursuant to the Assessment Law for 7:00 o’clock p.m. on July 19, 2023, in the Bing Wong Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street, San Bernardino, California, or via teleconference as directed by the City due to COFID-19 social distancing guidelines; and WHEREAS, notice of said hearing was duly published as required by the Assessment Law and Section 6061 of the Government Code; and WHEREAS, at the time and place of said hearing, as set forth in said resolution of intention, the City Council held the hearing and afforded all interested persons an opportunity to be heard, and considered all oral statements and all written protests or communications made or filed by any interested persons, and at the conclusion of said hearing determined that a majority protest, to wit: written protests filed and not withdrawn by property owners owning more than 50 percent of the area of assessable land within the Assessment District, had not been received; and BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. Findings. The City Council finds that: (a) the above recitals are true and correct and are incorporated herein by this reference; (b) compliance has been had with all of the applicable requirements of the Assessment Law; (c) a majority protest to the levy and collection of the proposed assessment has not been filed; Packet Pg. 769 Resolution No. 2023-108 Resolution No. 2023-108 July 19, 2023 Page 2 of 4 2 9 0 0 (d) the City Council may therefore proceed to confirm the assessment for the Assessment District for Fiscal Year 2023-24, and order the levy and collection of the assessment; and (e) the assessments proposed to be levied on the lots and parcels of assessable property within the Assessment District for the maintenance, servicing and operation of landscaping and lighting and appurtenant facilities during Fiscal Year 2023-24, as contained in the report of Spicer Consulting Group, LLC on file with the City Clerk (the “Report”), are determined pursuant to the methodology in the engineer’s report based on special benefit conferred upon each such parcel from the payment of the cost of the maintenance, servicing and operation of landscaping and lighting and appurtenant facilities. SECTION 2. Levy of Assessment. Pursuant to the Assessment Law, the adoption of this resolution constitutes the levy of the assessment for the maintenance, servicing and operation of landscaping and lighting and appurtenant facilities within the Assessment District during Fiscal Year 2023-24, as contained in the Report, and such assessment is hereby levied. The City Clerk is directed to file a certified copy of this resolution together with the assessment contained in the Report with the County Auditor of the County of San Bernardino, who, pursuant to the Assessment Law, shall enter on the County Assessment Roll opposite each lot or parcel of land the amount assessed thereupon, as shown in said assessment. SECTION 3. CEQA. The Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. SECTION 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. Packet Pg. 770 Resolution No. 2023-108 Resolution No. 2023-108 July 19, 2023 Page 3 of 4 2 9 0 0 APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 19th day of July, 2023. ____________________________________ Helen Tran, Mayor City of San Bernardino Attest: __________________________________ Genoveva Rocha, CMC, City Clerk Approved as to form: __________________________________ Sonia R. Carvalho, City Attorney Packet Pg. 771 Resolution No. 2023-108 Resolution No. 2023-108 July 19, 2023 Page 4 of 4 2 9 0 0 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) ss CITY OF SAN BERNARDINO ) I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2023-108, adopted at a regular meeting held on the 19th day of July, 2023 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ REYNOSO _____ _____ _______ _______ CALVIN _____ _____ _______ _______ ALEXANDER _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this 19th day of July, 2023. __________________________________ Genoveva Rocha, CMC, City Clerk Packet Pg. 772 Resolution No. 2023-109 Resolution No. 2023-109 July 19, 2023 Page 1 of 4 2 9 0 1 RESOLUTION NO. 2023-109 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, CONFIRMING THE DIAGRAM AND ASSESSMENT FOR ASSESSMENT DISTRICTS NOS. 1017, 1019, 1020, 1023 AND 1024 FOR FISCAL YEAR 2023-24 WHEREAS, on May 17, 2023, the City Council (the “City Council”) of the City of San Bernardino, California (the “City”) adopted Resolution No. 2023-064, a resolution of intention pursuant to the Charter of the City of San Bernardino and Section 19 of Article 16 and in compliance with Article XIII D of the Constitution of the State of California (the “Assessment Law”), which, among other things, scheduled a public hearing on the levy and collection of assessments on the lots and parcels of assessable property within Assessment Districts Nos. 1017, 1019, 1020, 1023 and 1024 of the City of San Bernardino (collectively, the “Assessment Districts”) for Fiscal Year 2023-24 pursuant to the Assessment Law for 7:00 o’clock p.m. on July 19, 2023, in the Bing Wong Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street, San Bernardino, California, or via teleconference as directed by the City due to COVID-19 social distancing guidelines; and WHEREAS, notice of said hearing was duly published as required by the Assessment Law and Section 6061 of the Government Code; and WHEREAS, at the time and place of said hearing, as set forth in said resolution of intention, the City Council held the hearing and afforded all interested persons an opportunity to be heard, and considered all oral statements and all written protests or communications made or filed by any interested persons, and at the conclusion of said hearing determined that a majority protest, to wit: written protests filed and not withdrawn by property owners owning more than 50 percent of the area of assessable land within the Assessment Districts, had not been received; and BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. Findings. The City Council finds that: (a) the above recitals are true and correct and are incorporated herein by this reference; (b) compliance has been had with all of the applicable requirements of the Assessment Law; (c) a majority protest to the levy and collection of the proposed assessment has not been filed; Packet Pg. 773 Resolution No. 2023-109 Resolution No. 2023-109 July 19, 2023 Page 2 of 4 2 9 0 1 (d) the City Council may therefore proceed to confirm the assessment for the Assessment Districts for Fiscal Year 2023-24, and order the levy and collection of the assessment; and (e) the assessments proposed to be levied on the lots and parcels of assessable property within the Assessment Districts for the maintenance, servicing and operation of public landscaping and appurtenant facilities and sewer lift stations and appurtenant facilities during Fiscal Year 2023- 24, as contained in the report of Spicer Consulting Group, LLC on file with the City Clerk (the “Report”) for each of the Assessment Districts, are determined pursuant the methodology in the engineer’s report based on special benefit conferred upon each such parcel. SECTION 2. Levy of Assessment. Pursuant to the Assessment Law, the adoption of this resolution constitutes the levy of the assessment for the maintenance, servicing and operation of public landscaping and appurtenant facilities and sewer lift stations and appurtenant facilities within the Assessment Districts during Fiscal Year 2023-24, as contained in the Report, and such assessment is hereby levied. The City Clerk is directed to file a certified copy of this resolution together with the assessment contained in the Report with the County Auditor of the County of San Bernardino, who, pursuant to the Assessment Law, shall enter on the County Assessment Roll opposite each lot or parcel of land the amount assessed thereupon, as shown in said assessment. SECTION 3. CEQA. The Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. SECTION 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. Packet Pg. 774 Resolution No. 2023-109 Resolution No. 2023-109 July 19, 2023 Page 3 of 4 2 9 0 1 APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 19th day of July, 2023. ____________________________________ Helen Tran, Mayor City of San Bernardino Attest: __________________________________ Genoveva Rocha, CMC, City Clerk Approved as to form: __________________________________ Sonia R. Carvalho, City Attorney Packet Pg. 775 Resolution No. 2023-109 Resolution No. 2023-109 July 19, 2023 Page 4 of 4 2 9 0 1 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) ss CITY OF SAN BERNARDINO ) I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2023-109, adopted at a regular meeting held on the 19th day of July, 2023 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ REYNOSO _____ _____ _______ _______ CALVIN _____ _____ _______ _______ ALEXANDER _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ____ day of July, 2023. __________________________________ Genoveva Rocha, CMC, City Clerk Packet Pg. 776 Resolution No. 2023-110 Resolution No. 2023-110 July 19, 2023 Page 1 of 4 2 9 0 2 RESOLUTION NO. 2023-110 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, CONFIRMING THE DIAGRAM AND ASSESSMENT FOR ASSESSMENT DISTRICTS NOS. 1028, 1029, 1030, 1031, 1032, 1035 (ZONE 1), 1035 (ZONE 2), 1036, 1037, 1038, 1039, 1040, 1041, 1042, 1043 (ZONE 1), 1043 (ZONE 2), 1045, 1046, 1047, 1048, 1050, 1052, 1054, 1055, 1056, 1057, 1059, 1060, 1063, 1064 AND 1068 FOR FISCAL YEAR 2023-24 WHEREAS, on May 17. 2023, the City Council (the “City Council”) of the City of San Bernardino, California (the “City”) adopted Resolution No. 2023-067, a resolution of intention pursuant to the Charter of the City of San Bernardino and Section 19 of Article 16 and in compliance with Article XIII D of the Constitution of the State of California (the “Assessment Law”), which, among other things, scheduled a public hearing on the levy and collection of assessments on the lots and parcels of assessable property within Assessment Districts Nos. 1028, 1029, 1030, 1031, 1032, 1035 (Zone 1), 1035 (Zone 2), 1036, 1037, 1038, 1039, 1040, 1041, 1042, 1043 (Zone 1), 1043 (Zone 2), 1045, 1046, 1047, 1048, 1050, 1052, 1054, 1055, 1056, 1057, 1059, 1060, 1063, 1064 and 1068 of the City of San Bernardino (collectively, the “Assessment Districts”) for Fiscal Year 2023-24 pursuant to the Assessment Law for 7:00 o’clock p.m. on July 19, 2023, in the Bing Wong Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street, San Bernardino, California, or via teleconference as directed by the City due to COVID-19 social distancing guidelines; and WHEREAS, notice of said hearing was duly published as required by the Assessment Law and Section 6061 of the Government Code; and WHEREAS, at the time and place of said hearing, as set forth in said resolution of intention, the City Council held the hearing and afforded all interested persons an opportunity to be heard, and considered all oral statements and all written protests or communications made or filed by any interested persons, and at the conclusion of said hearing determined that a majority protest, to wit: written protests filed and not withdrawn by property owners owning more than 50 percent of the area of assessable land within the Assessment Districts, had not been received; and BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. Findings. The City Council finds that: (a) the above recitals are true and correct and are incorporated herein by this reference; (b) compliance has been had with all of the applicable requirements of the Assessment Law; Packet Pg. 777 Resolution No. 2023-110 Resolution No. 2023-110 July 19, 2023 Page 2 of 4 2 9 0 2 (c) a majority protest to the levy and collection of the proposed assessment has not been filed; (d) the City Council may therefore proceed to confirm the assessment for the Assessment Districts for Fiscal Year 2023-24, and order the levy and collection of the assessment; and (e) the assessments proposed to be levied on the lots and parcels of assessable property within the Assessment Districts for the maintenance, servicing and operation of public landscaping and appurtenant facilities, the maintenance, servicing and operation of seven lift stations and appurtenant facilities, and the maintenance, servicing and operation of detention basins and storm drains and appurtenant facilities during Fiscal Year 2023-24, as contained in the report of Spicer Consulting Group, LLC on file with the City Clerk (the “Report”) for each Assessment District, are determined pursuant the methodology in the engineer’s report based on special benefit conferred upon each such parcel. SECTION 2. Levy of Assessment. Pursuant to the Assessment Law, the adoption of this resolution constitutes the levy of the assessment for the maintenance, servicing and operation of public landscaping and appurtenant facilities, the maintenance, servicing and operation of seven lift stations and appurtenant facilities, and the maintenance, servicing and operation of detention basins and storm drains and appurtenant facilities within the Assessment Districts during Fiscal Year 2023-24, as contained in the Report for each Assessment District, and such assessment is hereby levied. The City Clerk is directed to file a certified copy of this resolution together with the assessment contained in the Report with the County Auditor of the County of San Bernardino, who, pursuant to the Assessment Law, shall enter on the County Assessment Roll opposite each lot or parcel of land the amount assessed thereupon, as shown in said assessment. SECTION 3. CEQA. The Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. SECTION 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. Packet Pg. 778 Resolution No. 2023-110 Resolution No. 2023-110 July 19, 2023 Page 3 of 4 2 9 0 2 APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 19th day of July, 2023. ____________________________________ Helen Tran, Mayor City of San Bernardino Attest: __________________________________ Genoveva Rocha, CMC, City Clerk Approved as to form: __________________________________ Sonia R. Carvalho, City Attorney Packet Pg. 779 Resolution No. 2023-110 Resolution No. 2023-110 July 19, 2023 Page 4 of 4 2 9 0 2 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) ss CITY OF SAN BERNARDINO ) I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2023-110, adopted at a regular meeting held on the 19th day of July, 2023 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ REYNOSO _____ _____ _______ _______ CALVIN _____ _____ _______ _______ ALEXANDER _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ____ day of July, 2023. ___________________________________ Genoveva Rocha, CMC, City Clerk Packet Pg. 780 Resolution No. 2023-111 Resolution No. 2023-111 July 19, 2023 Page 1 of 4 2 9 0 3 RESOLUTION NO. 2023-111 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, CONFIRMING THE DIAGRAM AND ASSESSMENT FOR ASSESSMENT DISTRICTS NOS. 951 (ZONE 1), 951 (ZONE 2), 952 (ZONES 1, 2 AND 2A), 952 (ZONE 3), 953, 956, 959 (ZONE 1), 962, 963, 968, 974, 975, 976, 981, 982, 986, 989, 991, 993, 997, 1001, 1002, 1005, 1007, 1012 AND 1016 FOR FISCAL YEAR 2023-24 WHEREAS, on May 17, 2023, the City Council (the “City Council”) of the City of San Bernardino, California (the “City”) adopted Resolution No. 2023-068, a resolution of intention pursuant to the Charter of the City of San Bernardino and Section 19 of Article 16 and in compliance with Article XIII D of the Constitution of the State of California (the “Assessment Law”), which, among other things, scheduled a public hearing on the levy and collection of assessments on the lots and parcels of assessable property within Assessment Districts Nos. 951 (Zone 1), 951 (Zone 2), 952 (Zones 1, 2 and 2A), 952 (Zone 3), 953, 956, 959 (Zone 1), 962, 963, 968, 974, 975, 976, 981, 982, 986, 989, 991, 993, 997, 1001, 1002, 1005, 1007, 1012 and 1016 of the City of San Bernardino (collectively, the “Assessment Districts”) for Fiscal Year 2023-24 pursuant to the Assessment Law for 7:00 o’clock p.m. on July 19, 2023, in the Bing Wong Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street, San Bernardino, California, or via teleconference as directed by the City due to COVID-19 social distancing guidelines; and WHEREAS, notice of said hearing was duly published as required by the Assessment Law and Section 6061 of the Government Code; and WHEREAS, at the time and place of said hearing, as set forth in said resolution of intention, the City Council held the hearing and afforded all interested persons an opportunity to be heard, and considered all oral statements and all written protests or communications made or filed by any interested persons, and at the conclusion of said hearing determined that a majority protest, to wit: written protests filed and not withdrawn by property owners owning more than 50 percent of the area of assessable land within the Assessment Districts, had not been received; and BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. Findings. The City Council finds that: (a) the above recitals are true and correct and are incorporated herein by this reference; (b) compliance has been had with all of the applicable requirements of the Assessment Law; Packet Pg. 781 Resolution No. 2023-111 Resolution No. 2023-111 July 19, 2023 Page 2 of 4 2 9 0 3 (c) a majority protest to the levy and collection of the proposed assessment has not been filed; (d) the City Council may therefore proceed to confirm the assessment for the Assessment Districts for Fiscal Year 2023-24, and order the levy and collection of the assessment; (e) the assessments proposed to be levied on the lots and parcels of assessable property within the Assessment Districts for the maintenance, servicing and operation of public landscaping and appurtenant facilities for those designated Assessment Districts, landscaping and lighting for those designated Assessment Districts and for maintenance, servicing and operation of sewer lift stations and appurtenant facilities during Fiscal Year 2023-24, as contained in the report of Spicer Consulting Group, LLC on file with the City Clerk (the “Report”) for each of the Assessment Districts, are determined pursuant to the methodology in the engineer’s report based on special benefit conferred upon each such parcel; and (f) such assessments do not exceed the amounts of the assessments which were levied for Fiscal Year 2022-23. SECTION 2. Levy of Assessment. Pursuant to the Assessment Law, the adoption of this resolution constitutes the levy of the assessment for the maintenance, servicing and operation of public landscaping and appurtenant facilities for those designated Assessment Districts, landscaping and lighting for those designated Assessment Districts and for maintenance, servicing and operation of sewer lift stations and appurtenant facilities within the Assessment Districts during Fiscal Year 2023-24, as contained in the Report for each of the Assessment Districts, and such assessment is hereby levied. The City Clerk is directed to file a certified copy of this resolution together with the assessment contained in the Report with the County Auditor of the County of San Bernardino, who, pursuant to the Assessment Law, shall enter on the County Assessment Roll opposite each lot or parcel of land the amount assessed thereupon, as shown in said assessment. SECTION 3. CEQA. The Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. SECTION 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. Packet Pg. 782 Resolution No. 2023-111 Resolution No. 2023-111 July 19, 2023 Page 3 of 4 2 9 0 3 APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 19th day of July, 2023. ____________________________________ Helen Tran, Mayor City of San Bernardino Attest: __________________________________ Genoveva Rocha, CMC, City Clerk Approved as to form: __________________________________ Sonia R. Carvalho, City Attorney Packet Pg. 783 Resolution No. 2023-111 Resolution No. 2023-111 July 19, 2023 Page 4 of 4 2 9 0 3 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) ss CITY OF SAN BERNARDINO ) I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2023-111 adopted at a regular meeting held on the 19th day of July, 2023 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ REYNOSO _____ _____ _______ _______ CALVIN _____ _____ _______ _______ ALEXANDER _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ____ day of July, 2023. ___________________________________ Genoveva Rocha, CMC, City Clerk Packet Pg. 784 Resolution No. 2023-112 Resolution No. 2023-112 July 19, 2023 Page 1 of 4 2 9 0 4 RESOLUTION NO. 2023-112 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, CONFIRMING THE DIAGRAM AND ASSESSMENT FOR ASSESSMENT DISTRICTS NOS. 1025 AND 1027 FOR FISCAL YEAR 2023-24 WHEREAS, on May 17, 2023, the City Council (the “City Council”) of the City of San Bernardino, California (the “City”) adopted Resolution No. 2023-065, a resolution of intention pursuant to the Charter of the City of San Bernardino and Section 19 of Article 16 and in compliance with Article XIII D of the Constitution of the State of California (the “Assessment Law”), which, among other things, scheduled a public hearing on the levy and collection of assessments on the lots and parcels of assessable property within Assessment Districts Nos. 1025 and 1027 of the City of San Bernardino (collectively, the “Assessment Districts”) for Fiscal Year 2023-24 pursuant to the Assessment Law for 7:00 o’clock p.m. on July 19, 2023, in the Bing Wong Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street, San Bernardino, California, or via teleconference as directed by the City due to COVID-19 social distancing guidelines; and WHEREAS, notice of said hearing was duly published as required by the Assessment Law and Section 6061 of the Government Code; and WHEREAS, at the time and place of said hearing, as set forth in said resolution of intention, the City Council held the hearing and afforded all interested persons an opportunity to be heard, and considered all oral statements and all written protests or communications made or filed by any interested persons, and at the conclusion of said hearing determined that a majority protest, to wit: written protests filed and not withdrawn by property owners owning more than 50 percent of the area of assessable land within the Assessment Districts, had not been received; and BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. Findings. The City Council finds that: (a) the above recitals are true and correct and are incorporated herein by this reference; (b) compliance has been had with all of the applicable requirements of the Assessment Law; (c) a majority protest to the levy and collection of the proposed assessment has not been filed; Packet Pg. 785 Resolution No. 2023-112 Resolution No. 2023-112 July 19, 2023 Page 2 of 4 2 9 0 4 (d) the City Council may therefore proceed to confirm the assessment for the Assessment Districts for Fiscal Year 2023-24, and order the levy and collection of the assessment; and (e) the assessments proposed to be levied on the lots and parcels of assessable property within the Assessment Districts for the maintenance, servicing and operation of public landscaping and appurtenant facilities during Fiscal Year 2023-24, as contained in the report of Spicer Consulting Group, LLC on file with the City Clerk (the “Report”) for each of the Assessment Districts, are determined pursuant the methodology in the engineer’s report based on special benefit conferred upon each such parcel. SECTION 2. Levy of Assessment. Pursuant to the Assessment Law, the adoption of this resolution constitutes the levy of the assessment for the maintenance, servicing and operation of public landscaping and appurtenant facilities within the Assessment Districts during Fiscal Year 2023-24 as contained in the Report for each of the Assessment Districts, and such assessment is hereby levied. The City Clerk is directed to file a certified copy of this resolution together with the assessment contained in the Report with the County Auditor of the County of San Bernardino, who, pursuant to the Assessment Law, shall enter on the County Assessment Roll opposite each lot or parcel of land the amount assessed thereupon, as shown in said assessment. SECTION 3. CEQA. The Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. SECTION 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. Packet Pg. 786 Resolution No. 2023-112 Resolution No. 2023-112 July 19, 2023 Page 3 of 4 2 9 0 4 APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 19th day of July, 2023. ____________________________________ Helen Tran, Mayor City of San Bernardino Attest: __________________________________ Genoveva Rocha, CMC, City Clerk Approved as to form: __________________________________ Sonia R. Carvalho, City Attorney Packet Pg. 787 Resolution No. 2023-112 Resolution No. 2023-112 July 19, 2023 Page 4 of 4 2 9 0 4 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) ss CITY OF SAN BERNARDINO ) I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2023-112, adopted at a regular meeting held on the 19th day of July, 2023 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ REYNOSO _____ _____ _______ _______ CALVIN _____ _____ _______ _______ ALEXANDER _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ____ day of July, 2023. ___________________________________ Genoveva Rocha, CMC, City Clerk Packet Pg. 788 1 4 1 5 PUBLIC HEARING City of San Bernardino Request for Council Action Date:July 19, 2023 To:Honorable Mayor and City Council Members From:Charles E. McNeely, Interim City Manager; Daniel Hernandez, Agency Director of Public Works, Operations, and Maintenance Department:Public Works Subject:Public Hearing Regarding Solid Waste Rate Increases and Resolution Adopting Rates for Solid Waste Services, Approving Third Amendment to the City’s Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing and Disposal Services with Burrtec Waste Industries, Inc., and Finding the Action Exempt from the California Environmental Quality Act (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California execute the following actions: 1. Proceed with the continued Public Hearing to receive comments on the proposed rate increases and Third Amendment to the City’s Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing and Disposal Services with Burrtec Waste Industries, Inc. (“Burrtec”); and 2. Close the Public Hearing after all public comments have been heard; and 3. Determine if written protests have been received from the owners and tenants from parcels which are subject to the solid waste service rate increases, and, if a majority protest is not received; and 4. Adopt either: Packet Pg. 789 1 4 1 5 a. Resolution No. 2023-113, a Resolution of the Mayor and City Council of the City of San Bernardino, California, Approving Third Amendment to the Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services with Burrtec Waste Industries, Inc., Adopting Maximum Permitted Service Rates, and Finding this Action Exempt from the California Environmental Quality Act (Option A, previously referred to as Rate Option 2), or b. Resolution No. 2023-114, a Resolution of the Mayor and City Council of the City of San Bernardino, California, Approving Third Amendment to the Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services with Burrtec Waste Industries, Inc., Adopting Maximum Permitted Service Rates, and Finding this Action Exempt from the California Environmental Quality Act (Option B, previously referred to as Rate Option 4). Background The City of San Bernardino (“City”) has an exclusive franchise agreement (“Agreement”) with Burrtec Waste Industries, Inc. (“Burrtec”) to provide solid waste collection, processing, and disposal services within the City. Recent changes to state law relative to organic waste collection require modifications to the existing Agreement. The proposed rate increases for solid waste services are necessary for Burrtec to provide mandatory organic waste collection services pursuant to the SB 1383 Regulations. On December 7, 2022, the Mayor and City Council approved Resolution No. 2022- 244 declaring the intention to conduct a Public Hearing on February 15, 2023, to consider adjusting the Maximum Permitted Service Rates for integrated solid waste collection, processing, and disposal services. Three rate options for solid waste rate increases were proposed to the City Council to implement the SB 1383 requirements. The City Council selected Option A, previously referred to as Rate Option 2, which was included in the Proposition 218 Notice as the Maximum Permitted Service Rates to City of San Bernardino customers. A copy of the Option 2 rates were attached as Exhibit A to the draft Proposition 218 notice (for a February 15, 2023 hearing) in the December 7, 2022 agenda packet. On February 15, 2023, the Public Hearing was closed. Staff reviewed the Proposition 218 Hearing Notice, and mailed out new notices on March 31, 2023, for a Public Hearing on May 17, 2023. On May 17, 2023, the City Council continued the Proposition 218 Hearing for June 21, 2023, and directed City staff to negotiate with the franchised hauler, Burrtec Waste Industries Inc., to provide a new option with lower rates for Council review. On June 21, 2023, City staff requested City Council continue the Proposition 218 Hearing to the July 19, 2023, Council Meeting, in order to wrap up negotiation options with Burrtec. Discussion Packet Pg. 790 1 4 1 5 SB 1383 Requirements Proposed rate increases for Solid Waste Services are necessary for Burrtec to provide mandatory organic waste collection services pursuant to the SB 1383 Regulations. Under the SB 1383 Regulations, collection will utilize a 3-container system for residents which will allow for commingling green waste and food waste in one organic waste container, and a 4-container system for commercial customers. Residents and businesses must separate organic waste (such as yard waste and food waste) from other trash to be managed at a facility other than a landfill. To accomplish this, all property owners, residents, and businesses will be required to enroll in collection services for trash, recyclables, and organic waste. Recycling services include processing of recyclables and organic wastes collected from all customers at state regulated facilities. Other portions of the solid waste service rate include fees charged to customers to provide inspections, enforcement, and oversight; maintain infrastructure; provide education and outreach; meet the organic procurement requirements, such as the acquisition of recovered compost and mulch; create an edible food recovery program; and comply with state mandates relating to solid waste service. Proposition 218 Process Public Notice of the proposed rate increase was sent to all property owners and residents within the City’s service area 45 days prior to the Proposition 218 Public Hearing. Property owners and customers may protest the proposed adjustment in writing; either in person at the public hearing or prior to City Clerk’s office mailing address, as shown on the notice. Formal written protests must include: 1. The identified property owner or tenant is in opposition to the proposed rate increase to the fees. 2. The location of the identified parcel. 3. The name and signature of the property owner or tenant submitting the protest. As of the date this staff report was published, the Public Works Department received approximately 51 calls from customers. The calls generally focused on clarification of the rate proposal, what the increase of rates were for, and requests for a Spanish copy of the Proposition 218 Notice. To date, the City has received 144 formal protest letters. The current monthly residential rate for solid waste collection services is $26.42. In 2022, CPI rate adjustment was deferred and did not take effect on July 1, 2022, as negotiations were in process between the City and Burrtec. With continuation of the Proposition 218 Public Hearing for the New Solid Waste Rates and the Third Amendment to the Agreement with Burrtec Waste Industries Inc., two rate structure options are brought for review: •Option A (previously referred to as Rate Option 2) which aligns with the Proposition 218 notice mailed on March 31, 2023, with some rates lowered Packet Pg. 791 1 4 1 5 since the May 17, 2023 Council meeting; and, •Option B, which presents a new option with rates lower than the Proposition 218 notice mailed on March 31, 2023 Comparison of Two Rate Options SB 1383 Implementation for Residential and Commercial Programs Option A (previously referred to as Rate Option 2) Option B Term Length 5-year term extension ends March 31, 2031 10-year term extension ends March 31, 2036 Annual CPI CPI annual rate adjustment on all Service components (trash, recycling, and organic waste) with 5% cap CPI annual rate adjustment on all rate Service components (Service, trash, recycling, and organic waste) with 5% cap Rate Adjustment Credit Residential rate adjustment credit for 2022 rate increase. Phase residential rate adjustment credit over next 3 years (FY 2022-2025) Processing/ Disposal Fees Pass through of all green/organic waste processing and disposal fee increases only with no annual cap as of FY 2023-2024 Pass through of ALL landfill, recycling & green waste/ organic waste processing & disposal fee increases with no annual cap, as of FY 2023-2024. Senior Discount 35-gallon Senior discount (10%) 35-gallon Senior discount (10%) Expansion of the Quality of Life Program to address cleanup of encampments One quality of life team (4 employees and 1 supervisor) Two quality of life teams (8 employees and 1 shared supervisor) As seen in the table above, Option A locks in the maximum permitted service rate at a 5% cap, therefore the rates increase overtime in a uniform manner, with exception to the pass through of organics processing and disposal costs. Option B provides lower rates in the next 4 years due to Burrtec subsidizing to produce lower rates for the residents. As Option B agreement term progresses, the costs will be dependent on the market rate, which Burrtec will fully pass through. Both options presented also have advantages. •Option A (previously referred to as Rate Option 2) preserves most of the rate structure locked into the 5% CPI cap and comes with a 5-year term extension. Packet Pg. 792 1 4 1 5 •Option B’s initial implementation cost of SB 1383 requirements the first few years is lower than Option A due to a 10-year term extension and will be adjusted the first few years to fully reach the implementation cost. •Expansion of the Quality of Life Program to address encampments Changes to Rate Options A and B and/or the Third Amendment since the May 17, 2023 Council meeting: •Option B was discussed with Burrtec for presentation before the City Council. •Both Options A and B include rates that are lower than those published in the Proposition 218 notice: •For the approval of Option A (previously referred to as Rate Option 2), the new rate for residential collections will increase from $26.42 to $36.17 per month ($9.75 per month increase), effective July 19, 2023. •For the approval of the Option B, the new rate for residential collections will increase from $26.42 to $30.71 per month ($4.29 per month increase), effective July 19, 2023. •A senior discount was added to both Options A and B. •Options A and B clarified the sub-categories and rates for mobile home service. •Language in the Third Amendment was amended to expand the Quality of Life Program to address cleanup of encampments. Third Amendment to the Franchise Agreement with Burrtec Due to the SB 1383 mandate, the City is required to implement collection programs for residential and commercial waste generators. Under the mandate, more services will be required to implement a program that will keep the jurisdiction in compliance. The Third Amendment to Agreement with Burrtec addresses SB 1383 requirements by: •Providing food organics collection services to single-family residential, multi-family residential, and commercial customers. •Providing education and outreach to customers on how to recycle organic waste. •Providing additional information if a customer is considered a Tier 1 or Tier 2 commercial edible food generators •Identification of Tier 1 commercial edible food generators to help in the creation of edible food recovery program. Packet Pg. 793 1 4 1 5 •Implementing: •Record keeping; •Route reviews; and •Waste evaluations. •Providing assistance with enforcement. •Providing assistance in the procurement requirements to meet the City’s annual recovered organic waste requirements. •Updating Liquidated Damages provisions to include penalties for failure to comply with SB 1383 requirements. To provide the additional service required by state law, an increase in the rates was proposed by Burrtec to fund the additional program. City staff met with Burrtec to negotiate solid waste service rates to implement the SB 1383 Regulations. Per Section 21.1.3(c) of the franchise agreement, Burrtec may adjust the Maximum Permitted Service Rates by an amount equal to the increase in costs due to a change in law. The rates will be adjusted for an annual CPI adjustment beginning July 19, 2023 and each July 1 thereafter, through and including July 1, 2027,using the 12-month annual average percentage change for the most recent calendar year, compared to the prior calendar year, in the All-Urban Consumers Index (CPI-U) , Not Seasonally Adjusted, All items, Riverside-San Bernardino-Ontario, CA, as published by the US Department of Labor, Bureau of Labor Statistics. Commercial collection rates can have numerous variations and are based on the size, type of materials accepted in the containers, and frequency of collections per week. The SB 1383 Regulations took effect on January 1, 2022. It should be noted that if there is further delay of the City’s implementation of the SB 1383 Regulations, the State of California (CalRecycle) may issue a Notice of Violation, which the City will need to correct, or else face penalties up to $10,000 a day. CalRecycle is aware of the efforts of the City and Burrtec to negotiate the required services to put the City in compliance with the SB 1383 Regulations. End Dump Services and Self-Haul During negotiations, commercial customers reached out for end dump services within our jurisdiction. There is no current service rate for end dump truck services, and therefore, Burrtec could not provide these services to projects requesting them. The City requested the service rate for end dump trucks to be posted on the proposed rate schedule to allow Burrtec to provide this service to customers requesting it. This added rate is charged hourly, as trucks are loaded live. Exempt from CEQA The Resolution is not subject to the requirements of the California Environmental Packet Pg. 794 1 4 1 5 Quality Act (“CEQA”). The approval of the Third Amendment it is not a “project” within the meaning of 14 CCR Section 15378 (“State CEQA Guidelines”) because it has no potential for resulting in direct or indirect physical change in the environment. The charges are exempt from CEQA pursuant to California Public Resources Code section 21080(b)(8) and State CEQA Guidelines section 15273(a) because such charges are necessary and reasonable to fund the administration, operation, maintenance, and improvements of the solid waste collection system. 2021-2025 Strategic Targets and Goals A Public Hearing to consider adjusting the Maximum Permitted Services Rates, as well as the amendment of the Franchise Agreement between the City and Burrtec, meets Key Target No. 3c: Improved Quality of Life by evaluating and enhancing the quality of public safety services and Key Target No. 3d: To improve the City’s appearance, cleanliness, and attractiveness. Fiscal Impact There are no costs incurred through the General Fund with this action. The General Fund receives Franchise Fee revenues from Burrtec Disposal; therefore, rate increases equate to increased revenues for the General Fund and have been accounted for in the re-adoption of the FY 2023/24 Budget. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California execute the following actions: 1. Proceed with the continued Public Hearing to receive public comment on the proposed rate increases and Third Amendment to the City’s exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing and Disposal Services with Burrtec Waste Industries, Inc. (“Burrtec”); and 2. Close the Public Hearing after all public comments have been heard; and 3. Determine if written protests have been received from the owners and tenants from parcels which are subject to the solid waste service rate increases, and, if a majority protest is not received; and 4. Adopt either: a. Resolution No. 2023-113, a Resolution of the Mayor and City Council of the City of San Bernardino, California, Approving Third Amendment to the Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services with Burrtec Waste Industries Inc., Adopting Maximum Permitted Service Rates, and Finding the Action Exempt from the California Environmental Quality Act (Option A, previously referred to as Rate Option 2), or Packet Pg. 795 1 4 1 5 b. Adopt Resolution No. 2023-114, a Resolution of the Mayor and City Council of the City of San Bernardino, California, Approving Third Amendment to the Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services with Burrtec Waste Industries, Inc., Adopting Maximum Permitted Service Rates, and Finding this Action Exempt from the California Environmental Quality Act (Option B). Attachments Attachment 1 Resolution 2023-113 Approving Third Amendment to Franchise Agreement (Option A) Attachment 2 Resolution 2023-114 Approving Third Amendment to Franchise Agreement (Option B) Attachment 3 Proposition 218 Notice Attachment 4 Presentation of Rate Adjustment Attachment 5 Resolution No. 2016-10 and Franchise Agreement with Burrtec Waste Industries, Inc., approved January 25, 2016 Attachment 6 First Amendment to Franchise Agreement, approved January 25, 2016 Attachment 7 Second Amendment to Franchise Agreement, approved January 25, 2016 Attachment 8 Agreement Comparison for Various Cities Ward: All Wards Synopsis of Previous Council Actions: January 25, 2016 Resolution of the Mayor and City Council of City of San Bernardino approving a ten-year Exclusive Franchise Agreement for Integrated Solid Waste Collection, Professing, and Disposal Services with Burrtec Waste Industries, Inc. December 7, 2022 Council approval of Resolution No. 2022- 244 declaring the intention to conduct a Public Hearing on February 15, 2023, to consider adjusting the Maximum Permitted Service Rates for integrated solid waste collection, processing, and disposal services. May 17, 2023 Public Hearing Regarding Solid Waste Rate increases and Resolution Adopting Rates for Solid Waste Services, Approving Third Amendment to the City’s Exclusive Franchise Agreement for Integrated Solid Waste Collection Processing and Disposal Services with Burrtec Waste Industries, Inc, and Finding the Action Exempt from the California Environmental Quality Act (All Wards) Packet Pg. 796 1 4 1 5 June 21, 2023 Continuation of Public Hearing Regarding Solid Waste Rate Increases and Resolution Adopting Rates for Solid Waste Services, Approving Third Amendment to the City’s Exclusive Franchise Agreement for Integrated Solid Waste Collection Processing and Disposal Services with Burrtec Waste Industries, Inc, and Finding the Action Exempt from the California Environmental Quality Act (All Wards) Packet Pg. 797 Resolution No. 2023-113 RESOLUTION NO. 2023-113 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING THIRD AMENDMENT TO THE EXCLUSIVE FRANCHISE AGREEMENT FOR INTEGRATED SOLID WASTE COLLECTION, PROCESSING, AND DISPOSAL SERVICES WITH BURRTEC WASTE INDUSTRIES, INC., ADOPTING MAXIMUM PERMITTED SERVICE RATES, AND FINDING THIS ACTION EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT WHEREAS, Burrtec Waste Industries, Inc. (“Burrtec”) provides solid waste, recycling, and organic waste collection, procession and disposal, street sweeping, and right-of-way clean up services are provided to the City of San Bernardino (“City”) pursuant to an exclusive franchise agreement with the City (“Agreement”); and, WHEREAS, Burrtec is required to provide such solid waste, recycling, and organic waste services (“Services”) as set forth in the Agreement; and WHEREAS, since the approval of the Agreement, California law changed to now require the City to implement additional solid waste diversion programs; and WHEREAS, Burrtec will continue to provide Services that comply with regulations to implement SB 1383 (Chapter 395, Statutes of 2016) (“SB 1383 Regulations”), to the City; and WHEREAS, the City desires to amend the Agreement with Burrtec that additional services and updated rates for Services; and, WHEREAS, the rate structure for solid waste, recycling, and organic waste (including green waste and food waste) collection is based on the container size, type, of materials accepted in the containers, and frequency of collection; and WHEREAS, the City has determined that it is necessary to impose new, increased or modified rates for its solid waste service charges (collectively herein, the “Charges”); and WHEREAS, the amount of the Charges will not exceed the proportional cost of the service attributable to each parcel upon which they are proposed for imposition; and WHEREAS, the Charges will not be imposed on a parcel unless the services are actually used by, or immediately available to, the owner or tenant of the parcel; and WHEREAS, California Constitution, article XIII D, section 6 (“Article XIII D”) requires that prior to imposing any increase to the Charges, the City shall provide written notice (the “Notice”) by mail of: (1) the proposed increases to such Charges to the record owner of each parcel Resolution 2023-113July 19, 2023Page 1 of 5 Packet Pg. 798 Resolution No. 2023-113 upon which the Charges are proposed for imposition and any tenant directly liable for payment of the Charges; (2) the amount of the Charges proposed to be imposed on each parcel; (3) the basis upon which the Charges were calculated; (4) the reason for the Charges; and (5) the date, time, and location of a public hearing (the “Hearing”) on the proposed Charges; and WHEREAS, pursuant to Article XIII D such Notice is required to be provided to the affected property owners and any tenant directly liable for the payment of the Charges not less than 45 days prior to the Hearing on the proposed Charges; and WHEREAS, the Notice was mailed in accordance with Article XIII D; and WHEREAS, the Hearing was held on this day, July 19, 2023; and WHEREAS, at the Hearing the City Council heard and considered all oral testimony, written materials, and written protests concerning the establishment and imposition of the proposed Charges, and at the close of the Hearing the City did not receive written protests against the establishment and imposition of the proposed rate increases for the Charges from a majority of the affected property owners upon which the Charges are proposed for imposition or any tenants directly liable for the payment of the Charges; and WHEREAS, the City Council now desires to establish and impose the proposed Charges. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. That the foregoing Recitals are true and correct and are incorporated herein by this reference. SECTION 2. The City Council hereby approves the Charges, effective immediately, for the Services, at the maximum rates as set forth in Exhibit A, attached hereto and incorporated herein by this reference. SECTION 3. To the extent any Charges established by this Resolution are inconsistent with any Charges previously adopted by the City Council, it is the explicit intention of the City Council that the Charges adopted pursuant to this Resolution shall prevail. SECTION 4. The City Council hereby approves the 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., attached hereto as Exhibit B and incorporated herein by this reference. SECTION 5. For the fiscal year beginning July 1, 2024, and annually thereafter on July 1 through and including July 1, 2027, the maximum rates provided in Exhibit A shall be automatically adjusted shall be adjusted by the 12-month annual average percentage change for the most recent calendar year, compared to the prior calendar year, in the All Urban Consumers Index (CPI-U), Not Seasonally Adjusted, All Items, Riverside-San Bernardino-Ontario, CA, as Resolution 2023-113 July 19, 2023 Page 2 of 5 Packet Pg. 799 Resolution No. 2023-113 published by the U.S. Department of Labor, Bureau of Labor Statistics, subject to a 5% cap on Maximum Permitted Service Rates. If the CPI is less than 5% for any year, the actual rates (not including organic waste processing and disposal pass-through fees) charged to customers will be less than the rates in the schedule in Exhibit A. For the fiscal year beginning July 1, 2024, and annually thereafter on July 1 through and including July 1, 2027, the rates in Exhibit A shall also be adjusted annually to account for the actual costs of processing and disposal fees for organic waste. SECTION 6. This Resolution is not subject to the requirements of California Environmental Quality Act (“CEQA”). The approval of this Resolution is not a “project” within the meaning of Section 15378 of Title 14 of the California Code of Regulations (“State CEQA Guidelines”) because it has no potential for resulting in direct or indirect physical change in the environment. The Charges are exempt from CEQA pursuant to California Public Resources Code section 21080(b)(8) and State CEQA Guidelines section 15273(a) because such charges are necessary and reasonable to fund the administration, operation, maintenance, and improvements of the integrated solid waste collection system. The documents and materials that constitute the record of proceedings on which these findings have been based are located at 215 North “D” Street, San Bernardino, CA 92401. The custodian for these records is the City Clerk of the City. SECTION 7. If any section, subsection, subdivision, sentence, clause, or phrase in this Resolution or any part thereof is for any reason held to be unconstitutional, invalid, or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Resolution or any part thereof. The City Council hereby declares that it would have adopted each section irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, or phrases be declared unconstitutional, invalid, or ineffective. SECTION 8. This Resolution shall take effect immediately upon adoption. SECTION 9. The City Clerk shall attest and certify to the passage and adoption thereof. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 19th day of July, 2023. Helen Tran, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, City Clerk Resolution 2023-113 July 19, 2023 Page 3 of 5 Packet Pg. 800 Resolution No. 2023-113 Sonia Carvalho, City Attorney Approved as to form: Resolution 2023-113 July 19, 2023 Page 4 of 5 Packet Pg. 801 Resolution No. 2023-113 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2023-113, adopted at a regular meeting held on the 19th day of July 2023 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ REYNOSO _____ _____ _______ _______ CALVIN _____ _____ _______ _______ ALEXANDER _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this 19th day of July 2023. Genoveva Rocha, CMC, City Clerk Resolution 2023-113 July 19, 2023 Page 5 of 5 Packet Pg. 802 EXHIBIT A MAXIMUM PERMITTED SERVICE RATES Packet Pg. 803 Burrtec Waste Industries, Inc City of San Bernardino Option A Current 7/20/2023 Current 7/20/2023 Rates Rates Rates Rates Residential/MF Barrel 26.42$ 36.17$ Commercial Barrel 26.42$ 29.24$ Residential 35 Gal Barrel n/a 28.49$ (incl Trash & Recycling Barrel) Residential 35 Gal Barrel Sr n/a 25.64$ Mobile Home - 3 Barrel Service 17.73$ 36.22$ Commercial Compactors Mobile Home Complex - 2 Barrel n/a 20.56$ Size Freq 2 cu. yrd.1 x Wk 152.41$ 170.28$ Residential Trash Bins 2 cu. yrd.2 x Wk 285.57$ 319.56$ Size Freq 2 cu. yrd.3 x Wk 420.12$ 470.38$ 1 cu. yrd.1 x Wk 128.28$ 141.94$ 2 cu. yrd.4 x Wk 553.86$ 620.33$ 1 cu. yrd.2 x Wk 235.06$ 260.38$ 2 cu. yrd.5 x Wk 687.86$ 770.53$ 1 cu. yrd.3 x Wk 348.56$ 386.18$ 2 cu. yrd.6 x Wk 914.95$ 1,022.20$ 1 cu. yrd.4 x Wk 459.37$ 509.04$ 3 cu. yrd.1 x Wk 179.87$ 202.25$ 1 cu. yrd.5 x Wk 567.48$ 628.96$ 3 cu. yrd.2 x Wk 335.00$ 377.60$ 1 cu. yrd.6 x Wk 757.61$ 838.30$ 3 cu. yrd.3 x Wk 492.89$ 555.89$ 2 cu. yrd.1 x Wk 128.87$ 144.60$ 3 cu. yrd.4 x Wk 643.92$ 726.71$ 2 cu. yrd.2 x Wk 236.22$ 265.76$ 3 cu. yrd.5 x Wk 805.93$ 909.54$ 2 cu. yrd.3 x Wk 350.32$ 394.29$ 3 cu. yrd.6 x Wk 1,076.39$ 1,210.56$ 2 cu. yrd.4 x Wk 461.70$ 519.80$ 4 cu. yrd.1 x Wk 179.87$ 204.33$ 2 cu. yrd.5 x Wk 570.42$ 642.45$ 4 cu. yrd.2 x Wk 335.00$ 381.73$ 2 cu. yrd.6 x Wk 761.10$ 854.45$ 4 cu. yrd.3 x Wk 492.89$ 562.05$ 3 cu. yrd.1 x Wk 137.52$ 156.10$ 4 cu. yrd.4 x Wk 643.92$ 734.96$ 3 cu. yrd.2 x Wk 260.45$ 296.31$ 4 cu. yrd.5 x Wk 805.93$ 919.83$ 3 cu. yrd.3 x Wk 387.00$ 440.43$ 4 cu. yrd.6 x Wk 1,076.39$ 1,222.91$ 3 cu. yrd.4 x Wk 508.39$ 578.94$ 3 cu. yrd.5 x Wk 632.44$ 720.36$ Commercial/MF/Resi GW Bins 3 cu. yrd.6 x Wk 967.58$ 1,091.93$ Size Freq 4 cu. yrd.1 x Wk 151.54$ 173.44$ 1 cu. yrd.1 x Wk 123.20$ 134.32$ 4 cu. yrd.2 x Wk 286.96$ 329.31$ 1 cu. yrd.2 x Wk 227.60$ 248.14$ 4 cu. yrd.3 x Wk 422.35$ 485.14$ 1 cu. yrd.3 x Wk 334.68$ 364.89$ 4 cu. yrd.4 x Wk 556.44$ 639.56$ 1 cu. yrd.4 x Wk 441.75$ 481.61$ 4 cu. yrd.5 x Wk 690.50$ 793.98$ 1 cu. yrd.5 x Wk 547.45$ 596.85$ 4 cu. yrd.6 x Wk 1,194.23$ 1,351.38$ 2 cu. yrd.1 x Wk 124.09$ 135.29$ 6 cu. yrd.1 x Wk 219.94$ 252.11$ 2 cu. yrd.2 x Wk 229.37$ 250.07$ 6 cu. yrd.2 x Wk 419.68$ 482.24$ 2 cu. yrd.3 x Wk 337.33$ 367.77$ 6 cu. yrd.3 x Wk 620.77$ 713.83$ 2 cu. yrd.4 x Wk 445.28$ 485.47$ 6 cu. yrd.4 x Wk 827.26$ 951.30$ 2 cu. yrd.5 x Wk 551.88$ 601.68$ 6 cu. yrd.5 x Wk 1,016.26$ 1,169.70$ 3 cu. yrd.1 x Wk 133.05$ 145.06$ 6 cu. yrd.6 x Wk 1,207.95$ 1,391.01$ 3 cu. yrd.2 x Wk 251.25$ 273.92$ 3 cu. yrd.3 x Wk 367.95$ 401.15$ Commercial/MF Trash Bins 3 cu. yrd.4 x Wk 484.67$ 528.41$ Size Freq 3 cu. yrd.5 x Wk 599.99$ 654.14$ 1 cu. yrd.1 x Wk 145.42$ 160.60$ 4 cu. yrd.1 x Wk 145.54$ 158.68$ 1 cu. yrd.2 x Wk 266.44$ 294.59$ 4 cu. yrd.2 x Wk 270.47$ 294.88$ 1 cu. yrd.3 x Wk 395.11$ 436.96$ 4 cu. yrd.3 x Wk 396.78$ 432.59$ 1 cu. yrd.4 x Wk 520.70$ 575.94$ 4 cu. yrd.4 x Wk 524.47$ 571.80$ 1 cu. yrd.5 x Wk 643.27$ 711.61$ 4 cu. yrd.5 x Wk 649.41$ 708.02$ 1 cu. yrd.6 x Wk 858.77$ 948.60$ 6 cu. yrd.1 x Wk 167.50$ 182.62$ 2 cu. yrd.1 x Wk 146.08$ 163.36$ 6 cu. yrd.2 x Wk 311.65$ 339.77$ 2 cu. yrd.2 x Wk 267.76$ 300.16$ 6 cu. yrd.3 x Wk 458.56$ 499.95$ 2 cu. yrd.3 x Wk 397.10$ 445.28$ 6 cu. yrd.4 x Wk 587.64$ 640.67$ 2 cu. yrd.4 x Wk 523.35$ 587.05$ 6 cu. yrd.5 x Wk 746.87$ 814.28$ 2 cu. yrd.5 x Wk 646.58$ 725.51$ 35Gal Barrel 1 x Wk n/a 47.54$ 2 cu. yrd.6 x Wk 862.73$ 965.30$ 35Gal Barrel 2 x Wk n/a 79.70$ 3 cu. yrd.1 x Wk 155.88$ 176.13$ 35Gal Barrel 3 x Wk n/a 106.91$ 3 cu. yrd.2 x Wk 295.24$ 334.24$ 35Gal Barrel 4 x Wk n/a 134.53$ 3 cu. yrd.3 x Wk 438.67$ 496.79$ 35Gal Barrel 5 x Wk n/a 171.74$ 3 cu. yrd.4 x Wk 576.27$ 652.99$ 65Gal Barrel 1 x Wk n/a 53.86$ 3 cu. yrd.5 x Wk 716.89$ 812.44$ 65Gal Barrel 2 x Wk n/a 92.26$ 3 cu. yrd.6 x Wk 1,096.78$ 1,232.81$ 65Gal Barrel 3 x Wk n/a 125.71$ 4 cu. yrd.1 x Wk 171.77$ 195.53$ 65Gal Barrel 4 x Wk n/a 159.56$ 4 cu. yrd.2 x Wk 325.27$ 371.08$ 65Gal Barrel 5 x Wk n/a 203.00$ 4 cu. yrd.3 x Wk 478.75$ 546.66$ 4 cu. yrd.4 x Wk 630.74$ 720.59$ Commercial Food Waste 4 cu. yrd.5 x Wk 782.71$ 894.51$ Size Freq 4 cu. yrd.6 x Wk 1,353.70$ 1,525.24$ 2 cu. yrd.1 x Wk 263.53$ 287.30$ 6 cu. yrd.1 x Wk 249.30$ 284.13$ 2 cu. yrd.2 x Wk 475.26$ 518.15$ 6 cu. yrd.2 x Wk 475.72$ 543.36$ 2 cu. yrd.3 x Wk 670.32$ 730.81$ 6 cu. yrd.3 x Wk 703.65$ 804.23$ 2 cu. yrd.4 x Wk 866.88$ 945.10$ 6 cu. yrd.4 x Wk 937.71$ 1,071.75$ 2 cu. yrd.5 x Wk 1,095.40$ 1,194.25$ 6 cu. yrd.5 x Wk 1,151.95$ 1,317.68$ 2 cu. yrd.6 x Wk 1,257.62$ 1,371.11$ 6 cu. yrd.6 x Wk 1,369.23$ 1,566.93$ 35Gal Barrel 1 x Wk n/a 67.15$ 35Gal Barrel 2 x Wk n/a 118.93$ Commercial/MF/Resi Recycling Bins 35Gal Barrel 3 x Wk n/a 165.75$ Size Freq 35Gal Barrel 4 x Wk n/a $ 212.99 All Sizes 1 x Wk $ 53.59 $ 58.42 35Gal Barrel 5 x Wk n/a $ 269.81 All Sizes 2 x Wk $ 107.17 $ 116.83 35Gal Barrel 6 x Wk n/a $ 306.88 All Sizes 3 x Wk $ 160.76 $ 175.27 65Gal Barrel 1 x Wk $ 78.46 $ 85.54 All Sizes 4 x Wk $ 215.00 $ 234.39 65Gal Barrel 2 x Wk $ 143.25 $ 156.18 All Sizes 5 x Wk $ 268.58 $ 292.81 65Gal Barrel 3 x Wk $ 203.65 $ 222.01 All Sizes 6 x Wk $ 322.17 $ 351.24 65Gal Barrel 4 x Wk $ 264.40 $ 288.26 65Gal Barrel 5 x Wk $ 333.63 $ 363.74 65Gal Barrel 6 x Wk $ 385.35 $ 420.13 Packet Pg. 804 Burrtec Waste Industries, Inc City of San Bernardino Option A Current 7/20/2023 Rates Rates Roll-Off - Service Only - All Refuse Permanent - Plus Disposal 381.73$ 422.41$ - All Refuse Temporary 615.90$ 450.71$ incl Disp + Disposal - All Recycling (Different Materials) - Plus Disposal 381.73$ 416.18$ - Waste to Energy - Plus Disposal n/a 1,401.55$ Roll Off Retractable Lid Monthly Rental Fee n/a 257.20$ Receiver n/a 334.38$ Compactor Box n/a 465.63$ Water Reclamation 131.00$ 142.82$ Miscellaneous RO Compactor Repair (per hour)76.21$ 83.09$ Compactor Cleaning (each/single occurrence)151.90$ 165.61$ Dry Run / Relocate Roll Offs (Perm & Temp)85.44$ 93.15$ Roll Off Daily Rental Fee (Perm & Temp)42.03$ 45.82$ Stand By / Roll-Back Roll Offs (Perm & Temp) 154.58$ 168.53$ per occurrence in excess of 15 min End Dump Service (per Hour)n/a 234.38$ Certificate of Destruction 127.03$ 138.50$ Residential/Commercial - Barrel Exchange (first Exchange free) charge does not apply to graffiti 17.24$ 18.80$ or damaged barrels Commercial - Barrel Replacement comml-lost or stolen 85.16$ 92.84$ Bin Services - Bin Exchange (first Exchange free) charge does not apply to graffiti 86.22$ 94.00$ or damaged bins - Bin Replacement + actual cost of bin comml-lost or stolen 93.98$ 102.46$ Bin Enclosure Cleaning (each/single occurrence)42.33$ 46.15$ Bin Steam Cleaning (each/single occurrence)42.33$ 46.15$ Pull Out Service - Backyard Barrel Frail/Handicap (Resi/MH/MF)N/C N/C Extra Trash Barrel (Resi/MF/MH/Commercial)14.77$ 16.11$ Extra Recycling Barrel (Resi/MF/MH/) N/C N/C Extra Recycling Barrel (Com) 26.98$ 29.41$ Extra Green Waste Barrel (Resi/MF only)12.93$ 14.10$ Pull Out Service - Bin (1-6 Yard) x1 76.63$ 83.55$ Temporary Bin (3 Yrd) - 7 Day use 78.60$ 85.69$ Temp Bin Dump and Return 78.60$ 85.69$ Clean-Up Service (per 15 min)41.27$ 44.99$ Recycling Contamination Barrel n/a 11.51$ Recycling Contamination (each bin)67.20$ 73.27$ Extra Pick-Ups Bins - On Service Day 1 & 2 Yard (Trash/Recyc)28.80$ 31.40$ 3 Yard (Trash/Recyc)31.32$ 34.15$ 4 Yard (Trash/Recyc)34.31$ 37.41$ 6 Yard (Trash/Recyc)40.65$ 44.32$ Extra Pick-Ups All Bins - On Non-Service Day (Trash)51.25$ 55.87$ Extra Pick-Ups All Bins - On Non-Service Day (Recyc)39.87$ 43.47$ Extra Pick-Ups Compactors (Trash) 2 Yard 31.32$ 34.15$ 3 & 4 Yard 34.31$ 37.41$ Extra Pick-Up Barrel - Residential/Mobile Home 10.56$ 11.51$ Extra Pick-Ups FW Bins $ 9 9.73 $ 1 08.73 Extra Pick-Ups Barrel - FW $ 2 9.69 $ 3 2.37 Tilhopper (3 yd)$ 3 4.18 $ 3 7.26 Lock $ 2 0.16 $ 2 1.98 Late set-out fee $ 3 2.74 $ 3 5.69 Late Fee 1.5%1.5% Shopping cart retrieval $ 2 5.00 $ 2 6.25 Additional Services Packet Pg. 805 Resolution No. ___ EXHIBIT B THIRD AMENDMENT Packet Pg. 806 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 19, 2023 (“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, the SB 1383 Regulations promulgated by the California Department of Resources Recycling and Recovery (“CalRecycle”) to implement SB 1383 (Chapter 395, Statutes of 2016) 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: Packet Pg. 807 1. Incorporation of Recitals. The recitals listed above are true and correct and are hereby incorporated herein by this reference. 2. Definitions. The Definitions as stated in the Section 1 shall be amended or added to read as follows: a. 1.19 “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 (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 . b. 1.27 “ Food Waste” means Source Separated Food Scraps and Food Soiled Paper. With respect to Single-Family Dwelling Service Units and Multi-Family Dwelling Service Units, Food Waste is a subset of source-separated Organic Container Waste. Edible food separated for food recovery shall not be considered Food Waste. c. 1.34 “Organic Waste” means Solid Wastes containing material originated from living organisms and their metabolic waste products including, but not limited, to, food, 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). d. 1.48 “Term” means the operative life of this Agreement as stated in Section 4.2. e. “Compost” has the same meaning as in 14 CCR Section 17896.2(a)(4), as may be amended from time to time. f. “Disposal Fees” means the per ton fee charged at such place or places for the disposal, or processing as appropriate, of Solid Waste and other materials as appropriate. g. “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 Packet Pg. 808 apply to this Agreement. h. “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. i. “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 fats, oils, and grease when such materials are Source Separated from other Food Scraps. j. “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. k. “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). l. “Material Processing Fees” means the per ton fee charged at such place or places for the purpose of receiving, sorting, processing, storing, or preparing materials for sale or further processing. m. “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 Packet Pg. 809 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 n. “Source Separated” means materials, including commingled Recyclable Materials, 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 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). For the purposes of the Agreement, Source Separated shall include separation of materials by the generator, property owner or tenant into different Containers for the purpose of collection such that Source Separated materials are separated from Solid Waste for the purposes of collection and processing. 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. B. Grocery Store with a total facility size equal to or greater than 10,000 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 (as defined in 14 CCR Section 18982(a)(38)). E. Large Event (as defined in 14 CCR Section 18982(a)(39)) F. A State agency with a cafeteria with 250 or more seats or total cafeteria Packet Pg. 810 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 Code. 4. Monthly Franchise Fee Payment. The following 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 as may occur pursuant to this Agreement. 6. Term Extension. Section 4.3 shall be amended in its entirety to read as follows: 4.3 Term Extension. At the City’s sole option, City may invite Contractor to meet, confer, and negotiate regarding one 5-Year extension to the Agreement, provided the Term has not been earlier terminated or has already been set for early termination, and Contractor is not then in material breach of the Agreement. The time period to negotiate any term shall commence April 1, 2028, and end no later than March 31, 2029. (“Exclusive Negotiating Period”) All terms and conditions of the Agreement shall be open to negotiation, but neither Party shall be obligated to agree to an extension of the Term or to any modification of the terms and conditions of the Agreement. In the event, the Packet Pg. 811 Parties have not mutually approved an agreement extending the Term by the end of the Exclusive Negotiating Period, then there shall be no further obligation to meet, confer, or negotiate with regard to such extension, and City shall have the right to conduct any solicitation process, negotiate with any other service providers, or to award or approve a contract to any other service provider or to recommence its own Integrated Solid Waste Collection, Processing and Disposal Services, as it may deem appropriate in its sole and absolute discretion. 7. 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, either (1): 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) or (2) conduct waste evaluations for Prohibited Container Contaminants through sampling of materials from all container types and shall do so at least twice per year and in two distinct seasons of the year in a manner that complies with the requirements of 14 CCR Section 18984.5(c). 6.9.1.1 Number of Containers to Review. Contractor shall visually inspect the contents of a reasonably representative number of containers, as directed and approved by the City, per hauler route to search for Prohibited Container Contaminants, for each and every hauler route. 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 year to the City no later than January 15 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 route reviews, increased container inspections, or implement other changes using the revised procedure. Packet Pg. 812 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. 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. From the Effective Date of this Third Amendment through December 31, 2023, 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 within two (2) working days of determination of non- compliance 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 information to the City. Beginning January 1, 2024, the Contractor shall document non-compliant 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. Packet Pg. 813 6.9.1.10. Documentation of Inspection Actions. The Contractor shall generate a written or electronic record and maintain documentation for each inspection, hauler route review, and compliance review conducted. 6.9.1.11 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. 6.9.1.11.1 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. 6.9.1.11.2 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); 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; and, v. Contacting the entity to gather more information, if warranted; Packet Pg. 814 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. 8. 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 thirty percent (30%) of the City’s annual recovered Organic Waste product procurement target under the SB 1383 Regulations (14 CCR Section 18993.1) without additional charge to the City or its customers. Contractor agrees to act as a direct service provider on behalf of the City. Contractor shall assist the City in meeting its recovered Organic Waste product procurement target, as required by 14 CCR Section 18993.1 and will assist the City with applicable recordkeeping requirements under 14 CCR Section 18993.2. Recovered Organic Waste products shall comply with 14 CCR 18993.1(f). 9. 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 Packet Pg. 815 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 Roll-offs in sizes as allowed under this Agreement. 10. SFD Food Waste Collection Services. Section 7.7.5 (SFD Food Waste Collection Services) is hereby deleted it its entirety and Section 7.7.6 (Non-Collection) shall be renumbered as Section 7.7.5. 11. End Dump Trucks. Section 9.6 is hereby added to read as follows: 9.6 End Dump Trucks. Upon request of a Customer, Contractor shall provide end dump services on a temporary basis. Charges for end dump services shall be in accordance with Exhibit 1 of this agreement. 12. Right-of-Way Clean-Up Services. Section 12 is hereby amended in its entirety to read as follows: Section 12. Right-of-Way Clean-Up Services 12.1 Approach. Contractor will perform proac�ve and comprehensive Right-of-Way Clean-Up Services at a high level of cleanliness at the gateway entry points of the City, Downtown and Civic Center District as well as other designated areas iden�fied by the City. 12.1.1 Contractor's Right-of-Way Clean-Up Services will consist of nine (9) components: a) Removal of liter and vegeta�on from City gateways, alleys, major thoroughfares (including center islands and landscape medians), and the Downtown District; b) Weed abatement from Rights-of-Way and major arterials; c) Removal of memorials as authorized by the City; d) Removal of authorized signs on City u�lity poles on major arterials and the Downtown District; e) Removal of waste generated at homeless/transient encampments;’ f) Shopping cart and �re removal; Packet Pg. 816 g) Storm channel and storm drain cleaning; h) Metrolink clean-up; and, i) Warrant abatements, vacant lot clean-ups and illegal dumping clean-ups. 12.2 Personnel. Contractor will provide all labor and supervision necessary to perform the Right-of-Way Clean-Up Services required per the City approved Rights-of-Way maps. The workweek of the Right-of-Way Clean-Up crewmembers will be assigned so as to provide coverage from 6:00 AM to 6:00 PM, Monday through Friday and 6:00 AM to 2:00 PM on Saturdays. 12.2.1 Quality of Life Team. Contractor will provide one team consis�ng of a minimum of 4 employees, 1 supervisor and all equipment, materials, supplies and all other items necessary to perform the Quality of Life program services that addresses cleanliness, blight, and encampments within the City. Crewmembers will be assigned so as to provide coverage from 6:00 AM to 6:00 PM, Monday through Friday and 6:00 AM to 2:00 PM on Saturdays. 12.2.2 Work Task Repor�ng and No�fica�on. Contractor will provide work loca�ons and work plans weekly to the City’s Opera�ons Manager or designated representa�ve. 12.3 Equipment. Contractor will provide all equipment, materials, supplies and all other items necessary to perform the Right-of-Way Clean-Up Services required. 12.4 City Work Orders. Contractor will respond to the City's writen Work Orders for Right-of-Way Clean-Up Services within two (2) business days. Emergency no�fica�ons may be directed to Contractor's division office, which shall then dispatch Contractor's Right-of-Way Maintenance Supervisor to the scene for assessment and resolu�on. 12.5 Diversion. To the extent prac�cal, Contractor will divert from disposal the materials collected. 12.6 Compensa�on. Work for components (a) through (h) of Sec�on 12.1.1 will be performed at no addi�onal cost to the City. Work for component (i) of Sec�on 12.1.1 will be performed in response to a duly no�ced code enforcement ac�on with the expecta�on that the property owner will bear the cost of the services and that if payment is not made, the City will process the collec�on as a debt u�lizing the County tax bill lien procedure available to it with compensa�on due to Contractor when collected by the City. 12.7 Scope of Services for Right-of-Way Clean-Ups Packet Pg. 817 12.7.1 Rou�ne Patrol. Contractor's Right-of-Way maintenance crews will complete rou�ne patrols removing all liter, vegeta�on and accumulated debris from: a) City gateway entry points and the Downtown and Civic Center District, once weekly; and b) Assigned Right-of-Way routes for major thoroughfares, center islands and landscaped medians from the centerline of the roadway in both direc�ons to ten (10) feet off of the road edge, once every twenty (20) business days; and c) All public alleys from the centerline in both direc�ons to the property line as determined by fences, landscaping, changes in surface material, or line of sight, once annually. 12.7.2 Removal of Memorials. Within two (2) business days following writen no�fica�on from City, Contractor will remove and dispose of memorials, which shall include but not be limited to trash, bedding and personal effects. 12.7.3 Removal of Homeless Encampments. Subject to the following provisions, Contractor will remove and dispose of materials from homeless or transient encampments as an element of their Quality of Life services rou�ne patrol, which shall include but not be limited to trash, bedding and personal effects. In each such case, the City will make its police force and/or City staff available to Contractor to coordinate the removal of such materials in a lawful manner and in a manner, which ensures the safety of Contactor's employees. The City will be responsible for complying with all applicable laws related to the removal of such. materials. In addi�on, the City agrees to indemnify, defend, protect and hold harmless Contractor, its officers, employees and assigns from and against all losses, liabili�es, claims, actual damages (including but not limited to special and consequen�al damages) and expenses (including, but not limited to, atorneys' and expert witness fees and costs incurred in connec�on with defending against any of the foregoing or enforcing this indemnity) of any kind whatsoever paid, incurred or suffered by, or asserted against, Contractor or its officers, employees or agents arising from or atributable to any act or omission of the City or Contractor or Contractor's officers, employees or agents in the removal of such materials, and/or any failure to fully comply with all applicable laws in connec�on with the same. 12.7.4 Shopping Cart and Tire Removal. 12.7.4.1 Contractor's Right-of-Way Maintenance Crews shall remove shopping carts as a part of its rou�ne patrol and upon the direc�on Packet Pg. 818 of the City. Contractor will transport shopping carts to its facility and will atempt to contact the retail outlet from which shopping carts bearing iden�fica�on originated. Retail outlets will be given five (5) business days a�er no�fica�on to retrieve their shopping carts subject to a recovery cost of $25.00 per shopping cart paid to Contractor. Unclaimed shopping carts will be recycled. 12.7.4.2 Tire removal from assigned public rights-of-way, storm drains and channels will occur as part of rou�ne maintenance du�es. Tires must be collected from the City corpora�on yard at least once a week and properly disposed of. At least three (3) 40 yard roll-off dumpsters are required to be located in the City corpora�on yard for collec�on by the Contractor. The City will request an immediate collec�on of all roll-off dumpsters that are filled to capacity and Contractor must respond within 24 hours, excluding Sunday service. Contractor will be compensated for costs related to �res being collected and or disposed of from private property as a result of a duly noted code enforcement ac�on. 12.7.5 Storm Channels and Storm Drains. Storm channels iden�fied in a lis�ng to be provided by City will be cleaned once annually not later than September 1st. Storm drains and drain easements iden�fied in a lis�ng to be provided and maintained by the City will be cleaned once annually between October 1st and December 1st. 12.7.6 Metrolink. Contractor’s Right-of-Way maintenance crew will visit the Metrolink Sta�on located at 1204 W. 3rd Street twice each week (Monday and Friday) to remove liter and accumulated debris from the grounds and parking lot. Twice annually, Contractor’s Right-of-Way maintenance crew will patrol the Metrolink rail line within the City in coordina�on with Metrolink maintenance services for liter collec�on and weed abatement. 12.7.7 Warrant Abatements, Vacant Lot Clean-Ups, and Illegal Dumping Clean- Ups. Within two (2) business days of receipt of a writen order of the City's code enforcement officer delivered by the City's Contract Administrator, Contractor’s Right-of-Way maintenance crew will respond to perform clean-up on private property as part of an enforcement ac�on. Contractor will maintain a record of hours worked, personnel and equipment u�lized, and disposal expenses and shall issue a bill to the City for the services performed. The City shall follow its usual collec�on procedures, which may include causing a lien to be assessed against the property on the County property tax bill. The City will then compensate Contractor when the City collects payment. Packet Pg. 819 12.8 Excep�ons. Hazardous or toxic substances, motor vehicles, motor vehicle parts and objects larger than seven (7) feet in length or weighing more than two hundred (200) pounds are excluded from the Scope of Services for Right-of-Way Clean-Up. 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 requirements of SB 1383 and the SB 1383 Regulations, to inform and remind residents 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 January 1st of each 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. 14. Adjustments To Maximum Permitted Service Rates. Section 21.1.3 shall be amended in its entirety to read as follows: 21.1.3 Adjustments To Maximum Permitted Service Rates. The adjustments to the Maximum Permissible Customer Rates shall be calculated as follows: a) Annual Adjustment. On July 1, 2023 and each July 1st thereafter, Contractor may increase the Maximum Permitted Service Rates for all Service Recipients by CPI. Any Disposal Fees and Material Processing Fees for Organic Waste, and City Approved Host Fees, shall be considered as pass through costs and added to the Packet Pg. 820 CPI adjustment to the Maximum Permitted Service Rates. City and Contractor shall meet and confer to clarify the methodology in this Section, which City shall have sole discretion to approve, and which may include an amendment to the Agreement, so long as the methodology is applied in accordance with this Agreement. Contractor shall send the proposed rate adjustment calculations and full rate schedule to the City Manager for review by March 1st of each Agreement year, or no adjustment shall be made for that Agreement Year. The City Manager shall respond to the Contractor within thirty days (30) after receipt of Contractor’s proposed changes to the Maximum Permitted Service Rates if the proposed percentage increase is calculated correctly in accordance with this Agreement. If the proposed Maximum Permitted Service Rates are correctly calculated, the new rates will be implemented by Contractor beginning July 1st of the Agreement Year. If the City Manager finds that Contractor’s proposed changes to the Maximum Permitted Service Rates are not correctly calculated, Contractor shall have thirty (30) days to correct and resubmit proposed changes to the Maximum Permitted Service Rates. If Contractor does not resubmit corrected Maximum Permitted Service Rates within 30 days of notice by the City Manager, no adjustment to the rates shall be made. b) Maximum Annual Increase. Except as specified in Section 21.1.3(a), in no event may the increase in the Maximum Permitted Service Rates increase by more than five percent (5%) during any July 1st – June 30th period regardless of the amount increase in the CPI. If, however, the changes to the CPI result in an increase above five percent (5%) or a negative number, any amount above five percent (5%) or below zero percent (0%), shall be carried forward or applied in subsequent years. c) Notice. Contractor shall provide notice of such increase or annual adjustment in this Section 21.1 to all property owners and customers of parcels receiving service in a form approved by the City at Contractor’s expense. Contractor shall, at its own expense, mail a notice to all such customers no later than 30 days prior to the adjustment date pursuant to Government Code section 53756. Any notice that must be mailed to customers and/or property owners pursuant to the protest hearing requirements of Article XIII D, Section 6 of the California Constitution (also referred to as “Proposition 218”) shall be the responsibility of Contractor and shall be performed in a timely manner. Notwithstanding the foregoing, and to the extent determined necessary or advisable by City, any rate increase or new rate shall be subject to the requirements of Proposition 218 and is contingent upon the City not receiving a majority protest against the rate increase as part of such proceedings. Packet Pg. 821 d) Adjustment Due to Change in Law. As used herein, “Change in Law” means the enactment, issuance, adoption, repeal, amendment or modification of any federal, state or local statute, ordinance or regulation, or a regulatory agency or other administrative agency interpreting a law, statute, ordinance or regulation,. Contractor may adjust the Maximum Permissible Service Rates by an amount equal to the increase or incremental increase, as the case may be, in the costs (i.e., on any direct or indirect cost, whether fixed or variable) of Contractor’s provision of services under this Agreement that are caused by the Change in Law and that have been demonstrated to the City Council. e) The City Council shall not unreasonably refuse to approve rate adjustments, nor shall the City Council unreasonably delay review and approval of any such adjustment. 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 16. Liquidated Damages. The following is added to the table within Section 30.54: LIQUIDATED DAMAGES Item Amount y. Each occurrence of Contractor Collecting from Customers during unauthorized hours except if beyond the Contractor’s reasonable control. $250 per incident. z. Failure to provide Containers for SB 1383 Collection service to all customers, unless customer is waiting for waiver approval or has been granted a waiver. $1,000 each week. aa. Failure to complete annual outreach and education requirements in accordance with this Agreement and SB 1383 Regulations by December 31st. $1,000 per Agreement Year. bb. Failure to complete annual SB 1383 monitoring requirements by December 31st in accordance with this Agreement and SB 1383 Regulations. $1,000 per year. cc. Failure to complete annual calendar reporting requirements by June 30 in $1,000 per year. Packet Pg. 822 LIQUIDATED DAMAGES Item Amount accordance with this Agreement and SB 1383 Regulations. 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. $250 per incident ee. Failure to label Containers in accordance with this Agreement and SB 1383 Regulations. $250 per incident ff. Failure to issue contamination notices in accordance with this Agreement and SB 1383 Regulations. $50 per incident gg. Failure to conduct compliance tasks (i.e., perform route reviews or waste audits) in accordance with this Agreement and SB 1383 Regulations. $250 per incident hh. Failure to investigate complaints. $250 per incident ii. Failure to perform re-inspections in accordance with this Agreement and SB 1383 Regulations. $50 per incident jj. Submission of a late report required by the SB 1383 Regulations . $1,000 per incident. ll. Submission of an intentionally inaccurate and misleading report. $1,000 per incident. 17. Compliance with Laws. The following 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, the SB 1383 Regulations, and/or any other applicable law, as may be amended from time to time. 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: Charles E. McNeely, City Manager City of San Bernardino 290 North D Street San Bernardino, CA 92401 Email: McNeely_ch@sbcity.org Packet Pg. 823 Copy to: Sonia Carvalho, City Attorney City of San Bernardino Best Best & Krieger LLP 18101 Von Karman Ave. Irvine, CA 92612 Email: Sonia.Carvalho@bbklaw.com And to: Daniel Hernandez, Director of Public Works City of San Bernardino 290 North D Street San Bernardino, CA 92401 Email: Hernandez_Da@sbcity.org 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 the SB 1383 Regulations and not inconsistent with the terms of this Agreement. 22. Whenever the words “AB 1826” appear in the Agreement, “and SB 1383 (and its implementing regulations)” 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 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 Packet Pg. 824 CITY OF SAN BERNARDINO BURRTEC WASTE INDUSTRIES, INC. APPROVED BY: ______________________________ _____________________________ Charles McNeely Cole Burr City Manager President APPROVED AS TO FORM: ______________________________ Best Best & Krieger LLP City Attorney Packet Pg. 825 Exhibit 1 Maximum Permitted Service Rates Packet Pg. 826 Burrtec Waste Industries, Inc City of San Bernardino Option A Current 7/20/2023 Current 7/20/2023 Rates Rates Rates Rates Residential/MF Barrel 26.42$ 36.17$ Commercial Barrel 26.42$ 29.24$ Residential 35 Gal Barrel n/a 28.49$ (incl Trash & Recycling Barrel) Residential 35 Gal Barrel Sr n/a 25.64$ Mobile Home - 3 Barrel Service 17.73$ 36.22$ Commercial Compactors Mobile Home Complex - 2 Barrel n/a 20.56$ Size Freq 2 cu. yrd.1 x Wk 152.41$ 170.28$ Residential Trash Bins 2 cu. yrd.2 x Wk 285.57$ 319.56$ Size Freq 2 cu. yrd.3 x Wk 420.12$ 470.38$ 1 cu. yrd.1 x Wk 128.28$ 141.94$ 2 cu. yrd.4 x Wk 553.86$ 620.33$ 1 cu. yrd.2 x Wk 235.06$ 260.38$ 2 cu. yrd.5 x Wk 687.86$ 770.53$ 1 cu. yrd.3 x Wk 348.56$ 386.18$ 2 cu. yrd.6 x Wk 914.95$ 1,022.20$ 1 cu. yrd.4 x Wk 459.37$ 509.04$ 3 cu. yrd.1 x Wk 179.87$ 202.25$ 1 cu. yrd.5 x Wk 567.48$ 628.96$ 3 cu. yrd.2 x Wk 335.00$ 377.60$ 1 cu. yrd.6 x Wk 757.61$ 838.30$ 3 cu. yrd.3 x Wk 492.89$ 555.89$ 2 cu. yrd.1 x Wk 128.87$ 144.60$ 3 cu. yrd.4 x Wk 643.92$ 726.71$ 2 cu. yrd.2 x Wk 236.22$ 265.76$ 3 cu. yrd.5 x Wk 805.93$ 909.54$ 2 cu. yrd.3 x Wk 350.32$ 394.29$ 3 cu. yrd.6 x Wk 1,076.39$ 1,210.56$ 2 cu. yrd.4 x Wk 461.70$ 519.80$ 4 cu. yrd.1 x Wk 179.87$ 204.33$ 2 cu. yrd.5 x Wk 570.42$ 642.45$ 4 cu. yrd.2 x Wk 335.00$ 381.73$ 2 cu. yrd.6 x Wk 761.10$ 854.45$ 4 cu. yrd.3 x Wk 492.89$ 562.05$ 3 cu. yrd.1 x Wk 137.52$ 156.10$ 4 cu. yrd.4 x Wk 643.92$ 734.96$ 3 cu. yrd.2 x Wk 260.45$ 296.31$ 4 cu. yrd.5 x Wk 805.93$ 919.83$ 3 cu. yrd.3 x Wk 387.00$ 440.43$ 4 cu. yrd.6 x Wk 1,076.39$ 1,222.91$ 3 cu. yrd.4 x Wk 508.39$ 578.94$ 3 cu. yrd.5 x Wk 632.44$ 720.36$ Commercial/MF/Resi GW Bins 3 cu. yrd.6 x Wk 967.58$ 1,091.93$ Size Freq 4 cu. yrd.1 x Wk 151.54$ 173.44$ 1 cu. yrd.1 x Wk 123.20$ 134.32$ 4 cu. yrd.2 x Wk 286.96$ 329.31$ 1 cu. yrd.2 x Wk 227.60$ 248.14$ 4 cu. yrd.3 x Wk 422.35$ 485.14$ 1 cu. yrd.3 x Wk 334.68$ 364.89$ 4 cu. yrd.4 x Wk 556.44$ 639.56$ 1 cu. yrd.4 x Wk 441.75$ 481.61$ 4 cu. yrd.5 x Wk 690.50$ 793.98$ 1 cu. yrd.5 x Wk 547.45$ 596.85$ 4 cu. yrd.6 x Wk 1,194.23$ 1,351.38$ 2 cu. yrd.1 x Wk 124.09$ 135.29$ 6 cu. yrd.1 x Wk 219.94$ 252.11$ 2 cu. yrd.2 x Wk 229.37$ 250.07$ 6 cu. yrd.2 x Wk 419.68$ 482.24$ 2 cu. yrd.3 x Wk 337.33$ 367.77$ 6 cu. yrd.3 x Wk 620.77$ 713.83$ 2 cu. yrd.4 x Wk 445.28$ 485.47$ 6 cu. yrd.4 x Wk 827.26$ 951.30$ 2 cu. yrd.5 x Wk 551.88$ 601.68$ 6 cu. yrd.5 x Wk 1,016.26$ 1,169.70$ 3 cu. yrd.1 x Wk 133.05$ 145.06$ 6 cu. yrd.6 x Wk 1,207.95$ 1,391.01$ 3 cu. yrd.2 x Wk 251.25$ 273.92$ 3 cu. yrd.3 x Wk 367.95$ 401.15$ Commercial/MF Trash Bins 3 cu. yrd.4 x Wk 484.67$ 528.41$ Size Freq 3 cu. yrd.5 x Wk 599.99$ 654.14$ 1 cu. yrd.1 x Wk 145.42$ 160.60$ 4 cu. yrd.1 x Wk 145.54$ 158.68$ 1 cu. yrd.2 x Wk 266.44$ 294.59$ 4 cu. yrd.2 x Wk 270.47$ 294.88$ 1 cu. yrd.3 x Wk 395.11$ 436.96$ 4 cu. yrd.3 x Wk 396.78$ 432.59$ 1 cu. yrd.4 x Wk 520.70$ 575.94$ 4 cu. yrd.4 x Wk 524.47$ 571.80$ 1 cu. yrd.5 x Wk 643.27$ 711.61$ 4 cu. yrd.5 x Wk 649.41$ 708.02$ 1 cu. yrd.6 x Wk 858.77$ 948.60$ 6 cu. yrd.1 x Wk 167.50$ 182.62$ 2 cu. yrd.1 x Wk 146.08$ 163.36$ 6 cu. yrd.2 x Wk 311.65$ 339.77$ 2 cu. yrd.2 x Wk 267.76$ 300.16$ 6 cu. yrd.3 x Wk 458.56$ 499.95$ 2 cu. yrd.3 x Wk 397.10$ 445.28$ 6 cu. yrd.4 x Wk 587.64$ 640.67$ 2 cu. yrd.4 x Wk 523.35$ 587.05$ 6 cu. yrd.5 x Wk 746.87$ 814.28$ 2 cu. yrd.5 x Wk 646.58$ 725.51$ 35Gal Barrel 1 x Wk n/a 47.54$ 2 cu. yrd.6 x Wk 862.73$ 965.30$ 35Gal Barrel 2 x Wk n/a 79.70$ 3 cu. yrd.1 x Wk 155.88$ 176.13$ 35Gal Barrel 3 x Wk n/a 106.91$ 3 cu. yrd.2 x Wk 295.24$ 334.24$ 35Gal Barrel 4 x Wk n/a 134.53$ 3 cu. yrd.3 x Wk 438.67$ 496.79$ 35Gal Barrel 5 x Wk n/a 171.74$ 3 cu. yrd.4 x Wk 576.27$ 652.99$ 65Gal Barrel 1 x Wk n/a 53.86$ 3 cu. yrd.5 x Wk 716.89$ 812.44$ 65Gal Barrel 2 x Wk n/a 92.26$ 3 cu. yrd.6 x Wk 1,096.78$ 1,232.81$ 65Gal Barrel 3 x Wk n/a 125.71$ 4 cu. yrd.1 x Wk 171.77$ 195.53$ 65Gal Barrel 4 x Wk n/a 159.56$ 4 cu. yrd.2 x Wk 325.27$ 371.08$ 65Gal Barrel 5 x Wk n/a 203.00$ 4 cu. yrd.3 x Wk 478.75$ 546.66$ 4 cu. yrd.4 x Wk 630.74$ 720.59$ Commercial Food Waste 4 cu. yrd.5 x Wk 782.71$ 894.51$ Size Freq 4 cu. yrd.6 x Wk 1,353.70$ 1,525.24$ 2 cu. yrd.1 x Wk 263.53$ 287.30$ 6 cu. yrd.1 x Wk 249.30$ 284.13$ 2 cu. yrd.2 x Wk 475.26$ 518.15$ 6 cu. yrd.2 x Wk 475.72$ 543.36$ 2 cu. yrd.3 x Wk 670.32$ 730.81$ 6 cu. yrd.3 x Wk 703.65$ 804.23$ 2 cu. yrd.4 x Wk 866.88$ 945.10$ 6 cu. yrd.4 x Wk 937.71$ 1,071.75$ 2 cu. yrd.5 x Wk 1,095.40$ 1,194.25$ 6 cu. yrd.5 x Wk 1,151.95$ 1,317.68$ 2 cu. yrd.6 x Wk 1,257.62$ 1,371.11$ 6 cu. yrd.6 x Wk 1,369.23$ 1,566.93$ 35Gal Barrel 1 x Wk n/a 67.15$ 35Gal Barrel 2 x Wk n/a 118.93$ Commercial/MF/Resi Recycling Bins 35Gal Barrel 3 x Wk n/a 165.75$ Size Freq 35Gal Barrel 4 x Wk n/a 212.99$ All Sizes 1 x Wk 53.59$ 58.42$ 35Gal Barrel 5 x Wk n/a 269.81$ All Sizes 2 x Wk 107.17$ 116.83$ 35Gal Barrel 6 x Wk n/a 306.88$ All Sizes 3 x Wk 160.76$ 175.27$ 65Gal Barrel 1 x Wk 78.46$ 85.54$ All Sizes 4 x Wk 215.00$ 234.39$ 65Gal Barrel 2 x Wk 143.25$ 156.18$ All Sizes 5 x Wk 268.58$ 292.81$ 65Gal Barrel 3 x Wk 203.65$ 222.01$ All Sizes 6 x Wk 322.17$ 351.24$ 65Gal Barrel 4 x Wk 264.40$ 288.26$ 65Gal Barrel 5 x Wk 333.63$ 363.74$ 65Gal Barrel 6 x Wk 385.35$ 420.13$ Packet Pg. 827 Burrtec Waste Industries, Inc City of San Bernardino Option A Current 7/20/2023 Rates Rates Roll-Off - Service Only - All Refuse Permanent - Plus Disposal 381.73$ 422.41$ - All Refuse Temporary 615.90$ 450.71$ incl Disp + Disposal - All Recycling (Different Materials) - Plus Disposal 381.73$ 416.18$ - Waste to Energy - Plus Disposal n/a 1,401.55$ Roll Off Retractable Lid Monthly Rental Fee n/a 257.20$ Receiver n/a 334.38$ Compactor Box n/a 465.63$ Water Reclamation 131.00$ 142.82$ Miscellaneous RO Compactor Repair (per hour)76.21$ 83.09$ Compactor Cleaning (each/single occurrence)151.90$ 165.61$ Dry Run / Relocate Roll Offs (Perm & Temp)85.44$ 93.15$ Roll Off Daily Rental Fee (Perm & Temp)42.03$ 45.82$ Stand By / Roll-Back Roll Offs (Perm & Temp) 154.58$ 168.53$ per occurrence in excess of 15 min End Dump Service (per Hour)n/a 234.38$ Certificate of Destruction 127.03$ 138.50$ Residential/Commercial - Barrel Exchange (first Exchange free) charge does not apply to graffiti 17.24$ 18.80$ or damaged barrels Commercial - Barrel Replacement comml-lost or stolen 85.16$ 92.84$ Bin Services - Bin Exchange (first Exchange free) charge does not apply to graffiti 86.22$ 94.00$ or damaged bins - Bin Replacement + actual cost of bin comml-lost or stolen 93.98$ 102.46$ Bin Enclosure Cleaning (each/single occurrence)42.33$ 46.15$ Bin Steam Cleaning (each/single occurrence)42.33$ 46.15$ Pull Out Service - Backyard Barrel Frail/Handicap (Resi/MH/MF)N/C N/C Extra Trash Barrel (Resi/MF/MH/Commercial)14.77$ 16.11$ Extra Recycling Barrel (Resi/MF/MH/) N/C N/C Extra Recycling Barrel (Com) 26.98$ 29.41$ Extra Green Waste Barrel (Resi/MF only)12.93$ 14.10$ Pull Out Service - Bin (1-6 Yard) x1 76.63$ 83.55$ Temporary Bin (3 Yrd) - 7 Day use 78.60$ 85.69$ Temp Bin Dump and Return 78.60$ 85.69$ Clean-Up Service (per 15 min)41.27$ 44.99$ Recycling Contamination Barrel n/a 11.51$ Recycling Contamination (each bin)67.20$ 73.27$ Extra Pick-Ups Bins - On Service Day 1 & 2 Yard (Trash/Recyc)28.80$ 31.40$ 3 Yard (Trash/Recyc)31.32$ 34.15$ 4 Yard (Trash/Recyc)34.31$ 37.41$ 6 Yard (Trash/Recyc)40.65$ 44.32$ Extra Pick-Ups All Bins - On Non-Service Day (Trash)51.25$ 55.87$ Extra Pick-Ups All Bins - On Non-Service Day (Recyc)39.87$ 43.47$ Extra Pick-Ups Compactors (Trash) 2 Yard 31.32$ 34.15$ 3 & 4 Yard 34.31$ 37.41$ Extra Pick-Up Barrel - Residential/Mobile Home 10.56$ 11.51$ Extra Pick-Ups FW Bins $ 9 9.73 $ 1 08.73 Extra Pick-Ups Barrel - FW $ 2 9.69 $ 3 2.37 Tilhopper (3 yd)$ 3 4.18 $ 3 7.26 Lock $ 2 0.16 $ 2 1.98 Late set-out fee $ 3 2.74 $ 3 5.69 Late Fee 1.5%1.5% Shopping cart retrieval $ 2 5.00 $ 2 6.25 Additional Services Packet Pg. 828 Resolution No. 2023-114 RESOLUTION NO. 2023-114 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING THIRD AMENDMENT TO THE EXCLUSIVE FRANCHISE AGREEMENT FOR INTEGRATED SOLID WASTE COLLECTION, PROCESSING, AND DISPOSAL SERVICES WITH BURRTEC WASTE INDUSTRIES, INC., ADOPTING MAXIMUM PERMITTED SERVICE RATES, AND FINDING THIS ACTION EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT WHEREAS, Burrtec Waste Industries, Inc. (“Burrtec”) provides solid waste, recycling, and organic waste collection, procession and disposal, street sweeping, and right-of-way clean up services are provided to the City of San Bernardino (“City”) pursuant to an exclusive franchise agreement with the City (“Agreement”); and, WHEREAS, Burrtec is required to provide such solid waste, recycling, and organic waste services (“Services”) as set forth in the Agreement; and WHEREAS, since the approval of the Agreement, California law changed to now require the City to implement additional solid waste diversion programs; and WHEREAS, Burrtec will continue to provide Services that comply with regulations to implement SB 1383 (Chapter 395, Statutes of 2016) (“SB 1383 Regulations”), to the City; and WHEREAS, the City desires to amend the Agreement with Burrtec that additional services and updated rates for Services; and, WHEREAS, the rate structure for solid waste, recycling, and organic waste (including green waste and food waste) collection is based on the container size, type, of materials accepted in the containers, and frequency of collection; and WHEREAS, the City has determined that it is necessary to impose new, increased or modified rates for its solid waste service charges (collectively herein, the “Charges”); and WHEREAS, the amount of the Charges will not exceed the proportional cost of the service attributable to each parcel upon which they are proposed for imposition; and WHEREAS, the Charges will not be imposed on a parcel unless the services are actually used by, or immediately available to, the owner or tenant of the parcel; and WHEREAS, California Constitution article XIII D, section 6 (“Article XIII D”) requires that prior to imposing any increase to the Charges, the City shall provide written notice (the “Notice”) by mail of: (1) the proposed increases to such Charges to the record owner of each parcel Resolution 2023-114 July 19, 2023 Page 1 of 5 Packet Pg. 829 Resolution No. 2023-114 upon which the Charges are proposed for imposition and any tenant directly liable for payment of the Charges; (2) the amount of the Charges proposed to be imposed on each parcel; (3) the basis upon which the Charges were calculated; (4) the reason for the Charges; and (5) the date, time, and location of a public hearing (the “Hearing”) on the proposed Charges; and WHEREAS, pursuant to Article XIII D such Notice is required to be provided to the affected property owners and any tenant directly liable for the payment of the Charges not less than 45 days prior to the Hearing on the proposed Charges; and WHEREAS, the Notice was mailed in accordance with Article XIII D; and WHEREAS, the Hearing was held on this day, July 19, 2023; and WHEREAS, at the Hearing the City Council heard and considered all oral testimony, written materials, and written protests concerning the establishment and imposition of the proposed Charges, and at the close of the Hearing the City did not receive written protests against the establishment and imposition of the proposed rate increases for the Charges from a majority of the affected property owners upon which the Charges are proposed for imposition or any tenants directly liable for the payment of the Charges; and WHEREAS, the City Council now desires to establish and impose the proposed Charges. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. That the foregoing Recitals are true and correct and are incorporated herein by this reference. SECTION 2. The City Council hereby approves the Charges, effective immediately, for the Services at the maximum rates as set forth in Exhibit A, attached hereto and incorporated herein by this reference. SECTION 3. To the extent any Charges established by this Resolution are inconsistent with any Charges previously adopted by the City Council, it is the explicit intention of the City Council that the Charges adopted pursuant to this Resolution shall prevail. SECTION 4. The City Council hereby approves the 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., attached hereto as Exhibit B and incorporated herein by this reference. SECTION 5. For the fiscal year beginning July 1, 2024, and annually thereafter on July 1 through and including July 1, 2027, the maximum rates provided in Exhibit A shall be automatically adjusted shall be adjusted by the 12-month annual average percentage change for the most recent calendar year, compared to the prior calendar year, in the All Urban Consumers Index (CPI-U), Not Seasonally Adjusted, All Items, Riverside-San Bernardino-Ontario, CA, as Resolution 2023-114 July 19, 2023 Page 2 of 5 Packet Pg. 830 Resolution No. 2023-114 published by the U.S. Department of Labor, Bureau of Labor Statistics, subject to a 5% cap on Maximum Permitted Service Rates. If the CPI is less than 5% for any year, the actual rates (not including organic waste processing and disposal pass-through fees) charged to customers will be less than the rates in the schedule in Exhibit A. For the fiscal year beginning July 1, 2024, and annually thereafter on July 1 through and including July 1, 2027, the rates in Exhibit A shall also be adjusted annually to account for the actual costs of processing and disposal fees for solid waste, recyclable materials, and organic waste. SECTION 6. This Resolution is not subject to the requirements of California Environmental Quality Act (“CEQA”). The approval of this Resolution is not a “project” within the meaning of Section 15378 of Title 14 of the California Code of Regulations (“State CEQA Guidelines”) because it has no potential for resulting in direct or indirect physical change in the environment. The Charges are exempt from CEQA pursuant to California Public Resources Code section 21080(b)(8) and State CEQA Guidelines section 15273(a) because such charges are necessary and reasonable to fund the administration, operation, maintenance, and improvements of the integrated solid waste collection system. The documents and materials that constitute the record of proceedings on which these findings have been based are located at 215 North “D” Street, San Bernardino, CA 92401. The custodian for these records is the City Clerk of the City. SECTION 7. If any section, subsection, subdivision, sentence, clause, or phrase in this Resolution or any part thereof is for any reason held to be unconstitutional, invalid, or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Resolution or any part thereof. The City Council hereby declares that it would have adopted each section irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, or phrases be declared unconstitutional, invalid, or ineffective. SECTION 8. This Resolution shall take effect immediately upon adoption SECTION 9. The City Clerk shall attest and certify to the passage and adoption thereof. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 19th day of July, 2023. Helen Tran, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, City Clerk Resolution 2023-114 July 19, 2023 Page 3 of 5 Packet Pg. 831 Resolution No. 2023-114 Sonia Carvalho, City Attorney Approved as to form: Resolution 2023-114 July 19, 2023 Page 4 of 5 Packet Pg. 832 Resolution No. 2023-114 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2023-114, adopted at a regular meeting held on the 19th day of July 2023 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ REYNOSO _____ _____ _______ _______ CALVIN _____ _____ _______ _______ ALEXANDER _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this 19th day of July 2023. Resolution 2023-114 July 19, 2023 Page 5 of 5 Genoveva Rocha, CMC, City Clerk Packet Pg. 833 Resolution No. ___ EXHIBIT A MAXIMUM PERMITTED SERVICE RATES Packet Pg. 834 Burrtec Waste Industries, Inc City of San Bernardino Option B Current 7/20/2023 Current 7/20/2023 Rates Rates Rates Rates Residential/MF Barrel 26.42$ 30.71$ Commercial Barrel 26.42$ 29.24$ Residential 35 Gal Barrel n/a 28.49$ (incl Trash & Recycling Barrel) Residential 35 Gal Barrel Sr n/a 25.64$ Mobile Home - 3 Barrel Service 17.73$ 28.19$ Commercial Compactors Mobile Home Complex - 2 Barrel n/a 20.36$ Size Freq 2 cu. yrd.1 x Wk 152.41$ 170.60$ Residential Trash Bins 2 cu. yrd.2 x Wk 285.57$ 320.23$ Size Freq 2 cu. yrd.3 x Wk 420.12$ 471.35$ 1 cu. yrd.1 x Wk 128.28$ 142.08$ 2 cu. yrd.4 x Wk 553.86$ 621.58$ 1 cu. yrd.2 x Wk 235.06$ 260.70$ 2 cu. yrd.5 x Wk 687.86$ 772.13$ 1 cu. yrd.3 x Wk 348.56$ 386.67$ 2 cu. yrd.6 x Wk 914.95$ 1,024.14$ 1 cu. yrd.4 x Wk 459.37$ 509.70$ 3 cu. yrd.1 x Wk 179.87$ 204.99$ 1 cu. yrd.5 x Wk 567.48$ 629.77$ 3 cu. yrd.2 x Wk 335.00$ 378.55$ 1 cu. yrd.6 x Wk 757.61$ 839.29$ 3 cu. yrd.3 x Wk 492.89$ 564.01$ 2 cu. yrd.1 x Wk 128.87$ 144.94$ 3 cu. yrd.4 x Wk 643.92$ 737.55$ 2 cu. yrd.2 x Wk 236.22$ 266.42$ 3 cu. yrd.5 x Wk 805.93$ 911.95$ 2 cu. yrd.3 x Wk 350.32$ 395.26$ 3 cu. yrd.6 x Wk 1,076.39$ 1,213.48$ 2 cu. yrd.4 x Wk 461.70$ 521.11$ 4 cu. yrd.1 x Wk 179.87$ 204.99$ 2 cu. yrd.5 x Wk 570.42$ 644.09$ 4 cu. yrd.2 x Wk 335.00$ 382.98$ 2 cu. yrd.6 x Wk 761.10$ 856.41$ 4 cu. yrd.3 x Wk 492.89$ 564.01$ 3 cu. yrd.1 x Wk 137.52$ 156.59$ 4 cu. yrd.4 x Wk 643.92$ 737.55$ 3 cu. yrd.2 x Wk 260.45$ 297.28$ 4 cu. yrd.5 x Wk 805.93$ 923.05$ 3 cu. yrd.3 x Wk 387.00$ 441.90$ 4 cu. yrd.6 x Wk 1,076.39$ 1,226.80$ 3 cu. yrd.4 x Wk 508.39$ 580.90$ 3 cu. yrd.5 x Wk 632.44$ 722.80$ Commercial/MF/Resi GW Bins 3 cu. yrd.6 x Wk 967.58$ 1,094.85$ Size Freq 4 cu. yrd.1 x Wk 151.54$ 174.10$ 1 cu. yrd.1 x Wk 123.20$ 134.32$ 4 cu. yrd.2 x Wk 286.96$ 330.61$ 1 cu. yrd.2 x Wk 227.60$ 248.14$ 4 cu. yrd.3 x Wk 422.35$ 487.11$ 1 cu. yrd.3 x Wk 334.68$ 364.89$ 4 cu. yrd.4 x Wk 556.44$ 642.18$ 1 cu. yrd.4 x Wk 441.75$ 481.61$ 4 cu. yrd.5 x Wk 690.50$ 797.21$ 1 cu. yrd.5 x Wk 547.45$ 596.85$ 4 cu. yrd.6 x Wk 1,194.23$ 1,355.27$ 2 cu. yrd.1 x Wk 124.09$ 135.29$ 6 cu. yrd.1 x Wk 219.94$ 253.11$ 2 cu. yrd.2 x Wk 229.37$ 250.07$ 6 cu. yrd.2 x Wk 419.68$ 484.19$ 2 cu. yrd.3 x Wk 337.33$ 367.77$ 6 cu. yrd.3 x Wk 620.77$ 716.76$ 2 cu. yrd.4 x Wk 445.28$ 485.47$ 6 cu. yrd.4 x Wk 827.26$ 955.19$ 2 cu. yrd.5 x Wk 551.88$ 601.68$ 6 cu. yrd.5 x Wk 1,016.26$ 1,174.57$ 3 cu. yrd.1 x Wk 133.05$ 145.06$ 6 cu. yrd.6 x Wk 1,207.95$ 1,396.87$ 3 cu. yrd.2 x Wk 251.25$ 273.92$ 3 cu. yrd.3 x Wk 367.95$ 401.15$ Commercial/MF Trash Bins 3 cu. yrd.4 x Wk 484.67$ 528.41$ Size Freq 3 cu. yrd.5 x Wk 599.99$ 654.14$ 1 cu. yrd.1 x Wk 145.42$ 160.77$ 4 cu. yrd.1 x Wk 145.54$ 158.68$ 1 cu. yrd.2 x Wk 266.44$ 294.92$ 4 cu. yrd.2 x Wk 270.47$ 294.88$ 1 cu. yrd.3 x Wk 395.11$ 437.42$ 4 cu. yrd.3 x Wk 396.78$ 432.59$ 1 cu. yrd.4 x Wk 520.70$ 576.58$ 4 cu. yrd.4 x Wk 524.47$ 571.80$ 1 cu. yrd.5 x Wk 643.27$ 712.42$ 4 cu. yrd.5 x Wk 649.41$ 708.02$ 1 cu. yrd.6 x Wk 858.77$ 949.59$ 6 cu. yrd.1 x Wk 167.50$ 182.62$ 2 cu. yrd.1 x Wk 146.08$ 163.70$ 6 cu. yrd.2 x Wk 311.65$ 339.77$ 2 cu. yrd.2 x Wk 267.76$ 300.81$ 6 cu. yrd.3 x Wk 458.56$ 499.95$ 2 cu. yrd.3 x Wk 397.10$ 446.27$ 6 cu. yrd.4 x Wk 587.64$ 640.67$ 2 cu. yrd.4 x Wk 523.35$ 588.34$ 6 cu. yrd.5 x Wk 746.87$ 814.28$ 2 cu. yrd.5 x Wk 646.58$ 727.14$ 35Gal Barrel 1 x Wk n/a 47.54$ 2 cu. yrd.6 x Wk 862.73$ 967.24$ 35Gal Barrel 2 x Wk n/a 79.70$ 3 cu. yrd.1 x Wk 155.88$ 176.60$ 35Gal Barrel 3 x Wk n/a 106.91$ 3 cu. yrd.2 x Wk 295.24$ 335.22$ 35Gal Barrel 4 x Wk n/a 134.53$ 3 cu. yrd.3 x Wk 438.67$ 498.24$ 35Gal Barrel 5 x Wk n/a 171.74$ 3 cu. yrd.4 x Wk 576.27$ 654.93$ 65Gal Barrel 1 x Wk n/a 53.86$ 3 cu. yrd.5 x Wk 716.89$ 814.90$ 65Gal Barrel 2 x Wk n/a 92.26$ 3 cu. yrd.6 x Wk 1,096.78$ 1,235.74$ 65Gal Barrel 3 x Wk n/a 125.71$ 4 cu. yrd.1 x Wk 171.77$ 196.16$ 65Gal Barrel 4 x Wk n/a 159.56$ 4 cu. yrd.2 x Wk 325.27$ 372.39$ 65Gal Barrel 5 x Wk n/a 203.00$ 4 cu. yrd.3 x Wk 478.75$ 548.61$ 4 cu. yrd.4 x Wk 630.74$ 723.20$ Commercial Food Waste 4 cu. yrd.5 x Wk 782.71$ 897.76$ Size Freq 4 cu. yrd.6 x Wk 1,353.70$ 1,529.16$ 2 cu. yrd.1 x Wk 263.53$ 283.78$ 6 cu. yrd.1 x Wk 249.30$ 285.12$ 2 cu. yrd.2 x Wk 475.26$ 511.05$ 6 cu. yrd.2 x Wk 475.72$ 545.30$ 2 cu. yrd.3 x Wk 670.32$ 720.16$ 6 cu. yrd.3 x Wk 703.65$ 807.13$ 2 cu. yrd.4 x Wk 866.88$ 930.93$ 6 cu. yrd.4 x Wk 937.71$ 1,075.63$ 2 cu. yrd.5 x Wk 1,095.40$ 1,176.53$ 6 cu. yrd.5 x Wk 1,151.95$ 1,322.54$ 2 cu. yrd.6 x Wk 1,257.62$ 1,349.85$ 6 cu. yrd.6 x Wk 1,369.23$ 1,572.75$ 35Gal Barrel 1 x Wk n/a 64.70$ 35Gal Barrel 2 x Wk n/a 114.04$ Commercial/MF/Resi Recycling Bins 35Gal Barrel 3 x Wk n/a 158.41$ Size Freq 35Gal Barrel 4 x Wk n/a $ 203.21 All Sizes 1 x Wk $ 53.59 $ 58.42 35Gal Barrel 5 x Wk n/a $ 257.59 All Sizes 2 x Wk $ 107.17 $ 116.83 35Gal Barrel 6 x Wk n/a $ 292.21 All Sizes 3 x Wk $ 160.76 $ 175.27 65Gal Barrel 1 x Wk $ 78.46 $ 84.40 All Sizes 4 x Wk $ 215.00 $ 234.39 65Gal Barrel 2 x Wk $ 143.25 $ 153.81 All Sizes 5 x Wk $ 268.58 $ 292.81 65Gal Barrel 3 x Wk $ 203.65 $ 218.49 All Sizes 6 x Wk $ 322.17 $ 351.24 65Gal Barrel 4 x Wk $ 264.40 $ 283.51 65Gal Barrel 5 x Wk $ 333.63 $ 357.85 65Gal Barrel 6 x Wk $ 385.35 $ 413.05 Packet Pg. 835 Burrtec Waste Industries, Inc City of San Bernardino Option B Current 7/20/2023 Rates Rates Roll-Off - Service Only - All Refuse Permanent - Plus Disposal 381.73$ 422.41$ - All Refuse Temporary 615.90$ 450.25$ incl Disp + Disposal - All Recycling (Different Materials) - Plus Disposal 381.73$ 416.16$ - Waste to Energy - Plus Disposal n/a 1,401.55$ Roll Off Retractable Lid Monthly Rental Fee n/a 257.20$ Receiver n/a 334.38$ Compactor Box n/a 465.63$ Water Reclamation 131.00$ 142.81$ Miscellaneous RO Compactor Repair (per hour)76.21$ 83.09$ Compactor Cleaning (each/single occurrence)151.90$ 165.61$ Dry Run / Relocate Roll Offs (Perm & Temp)85.44$ 93.15$ Roll Off Daily Rental Fee (Perm & Temp)42.03$ 45.82$ Stand By / Roll-Back Roll Offs (Perm & Temp) 154.58$ 168.53$ per occurrence in excess of 15 min End Dump Service (per Hour)n/a 234.38$ Certificate of Destruction 127.03$ 138.50$ Residential/Commercial - Barrel Exchange (first Exchange free) charge does not apply to graffiti 17.24$ 18.80$ or damaged barrels Commercial - Barrel Replacement comml-lost or stolen 85.16$ 92.84$ Bin Services - Bin Exchange (first Exchange free) charge does not apply to graffiti 86.22$ 94.00$ or damaged bins - Bin Replacement + actual cost of bin comml-lost or stolen 93.98$ 102.46$ Bin Enclosure Cleaning (each/single occurrence)42.33$ 46.15$ Bin Steam Cleaning (each/single occurrence)42.33$ 46.15$ Pull Out Service - Backyard Barrel Frail/Handicap (Resi/MH/MF)N/C N/C Extra Trash Barrel (Resi/MF/MH/Commercial)14.77$ 16.11$ Extra Recycling Barrel (Resi/MF/MH/) N/C N/C Extra Recycling Barrel (Com) 26.98$ 29.41$ Extra Green Waste Barrel (Resi/MF only)12.93$ 14.10$ Pull Out Service - Bin (1-6 Yard) x1 76.63$ 83.55$ Temporary Bin (3 Yrd) - 7 Day use 78.60$ 85.69$ Temp Bin Dump and Return 78.60$ 85.69$ Clean-Up Service (per 15 min)41.27$ 44.99$ Recycling Contamination Barrel n/a 11.51$ Recycling Contamination (each bin)67.20$ 73.27$ Extra Pick-Ups Bins - On Service Day 1 & 2 Yard (Trash/Recyc)28.80$ 31.40$ 3 Yard (Trash/Recyc)31.32$ 34.15$ 4 Yard (Trash/Recyc)34.31$ 37.41$ 6 Yard (Trash/Recyc)40.65$ 44.32$ Extra Pick-Ups All Bins - On Non-Service Day (Trash)51.25$ 55.87$ Extra Pick-Ups All Bins - On Non-Service Day (Recyc)39.87$ 43.47$ Extra Pick-Ups Compactors (Trash) 2 Yard 31.32$ 34.15$ 3 & 4 Yard 34.31$ 37.41$ Extra Pick-Up Barrel - Residential/Mobile Home 10.56$ 11.51$ Extra Pick-Ups FW Bins $ 9 9.73 $ 1 08.73 Extra Pick-Ups Barrel - FW $ 2 9.69 $ 3 2.37 Tilhopper (3 yd)$ 3 4.18 $ 3 7.26 Lock $ 2 0.16 $ 2 1.98 Late set-out fee $ 3 2.74 $ 3 5.69 Late Fee 1.5%1.5% Shopping cart retrieval $ 2 5.00 $ 2 6.25 Additional Services Packet Pg. 836 Resolution No. ___ EXHIBIT B THIRD AMENDMENT Packet Pg. 837 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 19, 2023 (“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, the SB 1383 Regulations promulgated by the California Department of Resources Recycling and Recovery (“CalRecycle”) to implement SB 1383 (Chapter 395, Statutes of 2016) 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: Packet Pg. 838 1. Incorporation of Recitals. The recitals listed above are true and correct and are hereby incorporated herein by this reference. 2. Definitions. The Definitions as stated in the Section 1 shall be amended or added to read as follows: a. 1.19 “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(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, , . b. 1.27 “ Food Waste” means Source Separated Food Scraps and Food Soiled Paper. With respect to Single-Family Dwelling Service Units and Multi-Family Dwelling Service Units, Food Waste is a subset of source-separated Organic Container Waste. Edible Food separated for food recovery shall not be considered Food Waste. c. 1.34 “Organic Waste” means Solid Wastes containing material originated from living organisms and their metabolic waste products including, but not limited, to, food, 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). d. 1.48 “Term” means the operative life of this Agreement as stated in Section 4.2. e. “Compost” has the same meaning as in 14 CCR Section 17896.2(a)(4), as may be amended from time to time. f. “Disposal Fees” means the per ton fee charged at such place or places for the disposal, or processing as appropriate, of Solid Waste and other materials as appropriate. g. “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 Packet Pg. 839 differs from this definition, the definition in 14 CCR Section 18982(a)(18) shall apply to this Agreement. h. “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. i. “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 fats, oils, and grease when such materials are Source Separated from other Food Scraps. j. “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. k. “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). l. “Material Processing Fees” means the per ton fee charged at such place or places for the purpose of receiving, sorting, processing, storing, or preparing materials for sale or further processing. m. “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 Packet Pg. 840 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 n. “Service Component” means the service portion of the Maximum Permitted Service Rate that includes the cost of providing collection of Organic Waste, Recyclable Materials, and Solid Waste but excluding Disposal Fees, Material Processing Fees, City fees and approved City Host Fees. o. “Source Separated” means materials, including commingled Recyclable Materials, 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 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). For the purposes of the Agreement, Source Separated shall include separation of materials by the generator, property owner or tenant into different Containers for the purpose of collection such that Source Separated materials are separated from other Solid Waste for the purposes of collection and processing. p. “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. B. Grocery Store with a total facility size equal to or greater than 10,000 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 (as defined in 14 CCR Section 18982(a)(38)). E. Large Event (as defined in 14 CCR Section 18982(a)(39)) 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. Packet Pg. 841 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 Code. 4. Monthly Franchise Fee Payment. The following 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 Term of Agreement. The term of this Agreement shall expire on March 31, 2036, subject to early termination or extension as may occur pursuant to this Agreement. 6. Term Extension. Section 4.3 shall be amended in its entirety to read as follows: 4.3 Term Extension. At the City’s sole option, City may invite Contractor to meet, confer, and negotiate regarding one 5-Year extension to the Agreement, provided the Term has not been earlier terminated or has already been set for early termination, and Contractor is not then in material breach of the Agreement. The time period to negotiate any term shall commence April 1, 2033, and end no later than March 31, 2034. (“Exclusive Negotiating Period”) All terms and conditions of the Agreement shall be open to negotiation, but neither Party shall be obligated to agree to an extension of the Term or to any modification of the terms and conditions of the Agreement. In the event, the Parties have not mutually approved an agreement extending the Term by the end of the Exclusive Negotiating Period, then there shall be no further obligation to meet, confer, or Packet Pg. 842 negotiate with regard to such extension, and City shall have the right to conduct any solicitation process, negotiate with any other service providers, or to award or approve a contract to any other service provider or to recommence its own Integrated Solid Waste Collection, Processing and Disposal Services, as it may deem appropriate in its sole and absolute discretion. 7. 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, either (1): 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) or (2) conduct waste evaluations for Prohibited Container Contaminants through sampling of materials from all container types and shall do so at least twice per year and in two distinct seasons of the year in a manner that complies with the requirements of 14 CCR Section 18984.5(c). 6.9.1.1 Number of Containers to Review. Contractor shall visually inspect the contents of a reasonably representative number of containers, as directed and approved by the City, per hauler route to search for Prohibited Container Contaminants, for each and every hauler route. 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 year to the City no later than January 15 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 route reviews, increased container inspections, or implement other changes using the revised procedure. 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 Packet Pg. 843 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. 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-compliantentities 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. From the Effective Date of this Third Amendment through December 31, 2023, 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 within two (2) working days of determination of non- compliance 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 information to the City. Beginning January 1, 2024, the Contractor shall document non-compliant 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. Packet Pg. 844 6.9.1.10 Documentation of Inspection Actions. The Contractor shall generate a written or electronic record and maintain documentation for each inspection, hauler route review, and compliance review conducted. 6.9.1.11 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. 6.9.1.11.1 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 complaint within five (5) working days of receipt of such complaint, and a quarterly summary report of SB 1383-noncompliant complaints. 6.9.1.11.2 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); 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; and, v. Contacting the entity to gather more information, if warranted; Packet Pg. 845 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. 8. 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 thirty percent (30%) of the City’s annual recovered Organic Waste product procurement target under the SB 1383 Regulations (14 CCR Section 18993.1) without additional charge to the City or its customers. Contractor agrees to act as a direct service provider on behalf of the City. Contractor shall assist the City in meeting its recovered Organic Waste product procurement target, as required by 14 CCR Section 18993.1 and will assist the City with applicable recordkeeping requirements under 14 CCR Section 18993.2. Recovered Organic Waste products shall comply with 14 CCR 18993.1(f). 9. 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 Packet Pg. 846 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 Roll-offs in sizes as allowed under this Agreement. 10. SFD Food Waste Collection Services. Section 7.7.5 (SFD Food Waste Collection Services) is hereby deleted it its entirety and Section 7.7.6 (Non-Collection) shall be renumbered as Section 7.7.5. 11. End Dump Trucks. Section 9.6 is hereby added to read as follows: 9.6 End Dump Trucks. Upon request of a Customer, Contractor shall provide end dump services on a temporary basis. Charges for end dump services shall be in accordance with Exhibit 1 of this agreement. 12. Right-of-Way Clean-Up Services. Section 12 is hereby amended in its entirety to read as follows: Section 12. Right-of-Way Clean-Up Services 12.1 Approach. Contractor will perform proac�ve and comprehensive Right-of-Way Clean-Up Services at a high level of cleanliness at the gateway entry points of the City, Downtown and Civic Center District as well as other designated areas iden�fied by the City. 12.1.1 Contractor's Right-of-Way Clean-Up Services will consist of nine (9) components: a) Removal of liter and vegeta�on from City gateways, alleys, major thoroughfares (including center islands and landscape medians), and the Downtown District; b) Weed abatement from Rights-of-Way and major arterials; c) Removal of memorials as authorized by the City; d) Removal of authorized signs on City u�lity poles on major arterials and the Downtown District; e) Removal of waste generated at homeless/transient encampments;’ f) Shopping cart and �re removal; Packet Pg. 847 g) Storm channel and storm drain cleaning; h) Metrolink clean-up; and, i) Warrant abatements, vacant lot clean-ups and illegal dumping clean-ups. 12.2 Personnel. Contractor will provide all labor and supervision necessary to perform the Right-of-Way Clean-Up Services required per the City approved Rights-of-Way maps. The workweek of the Right-of-Way Clean-Up crewmembers will be assigned so as to provide coverage from 6:00 AM to 6:00 PM, Monday through Friday and 6:00 AM to 2:00 PM on Saturdays. 12.2.1 Quality of Life Team. Contractor will provide two teams consis�ng of a minimum of 4 employees, 1 shared supervisor for the two teams, and all equipment, materials, supplies and all other items necessary to perform the Quality of Life program services that addresses cleanliness, blight, and encampments within the City. Crewmembers will be assigned so as to provide coverage from 6:00 AM to 6:00 PM, Monday through Friday and 6:00 AM to 2:00 PM on Saturdays. 12.2.2 Work Task Repor�ng and No�fica�on. Contractor will provide work loca�ons and work plans weekly to the City’s Opera�ons Manager or designated representa�ve. 12.3 Equipment. Contractor will provide all equipment, materials, supplies and all other items necessary to perform the Right-of-Way Clean-Up Services required. 12.4 City Work Orders. Contractor will respond to the City's writen Work Orders for Right-of-Way Clean-Up Services within two (2) business days. Emergency no�fica�ons may be directed to Contractor's division office, which shall then dispatch Contractor's Right-of-Way Maintenance Supervisor to the scene for assessment and resolu�on. 12.5 Diversion. To the extent prac�cal, Contractor will divert from disposal the materials collected. 12.6 Compensa�on. Work for components (a) through (h) of Sec�on 12.1.1 will be performed at no addi�onal cost to the City. Work for component (i) of Sec�on 12.1.1 will be performed in response to a duly no�ced code enforcement ac�on with the expecta�on that the property owner will bear the cost of the services and that if payment is not made, the City will process the collec�on as a debt u�lizing the County tax bill lien procedure available to it with compensa�on due to Contractor when collected by the City. 12.7 Scope of Services for Right-of-Way Clean-Ups Packet Pg. 848 12.7.1 Rou�ne Patrol. Contractor's Right-of-Way maintenance crews will complete rou�ne patrols removing all liter, vegeta�on and accumulated debris from: a) City gateway entry points and the Downtown and Civic Center District, once weekly; and b) Assigned Right-of-Way routes for major thoroughfares, center islands and landscaped medians from the centerline of the roadway in both direc�ons to ten (10) feet off of the road edge, once every twenty (20) business days; and c) All public alleys from the centerline in both direc�ons to the property line as determined by fences, landscaping, changes in surface material, or line of sight, once annually. 12.7.2 Removal of Memorials. Within two (2) business days following writen no�fica�on from City, Contractor will remove and dispose of memorials, which shall include but not be limited to trash, bedding and personal effects. 12.7.3 Removal of Homeless Encampments. Subject to the following provisions, Contractor will remove and dispose of materials from homeless or transient encampments as an element of their Quality of Life services rou�ne patrol, which shall include but not be limited to trash, bedding and personal effects. In each such case, the City will make its police force and/or City staff available to Contractor to coordinate the removal of such materials in a lawful manner and in a manner, which ensures the safety of Contactor's employees. The City will be responsible for complying with all applicable laws related to the removal of such. materials. In addi�on, the City agrees to indemnify, defend, protect and hold harmless Contractor, its officers, employees and assigns from and against all losses, liabili�es, claims, actual damages (including but not limited to special and consequen�al damages) and expenses (including, but not limited to, atorneys' and expert witness fees and costs incurred in connec�on with defending against any of the foregoing or enforcing this indemnity) of any kind whatsoever paid, incurred or suffered by, or asserted against, Contractor or its officers, employees or agents arising from or atributable to any act or omission of the City or Contractor or Contractor's officers, employees or agents in the removal of such materials, and/or any failure to fully comply with all applicable laws in connec�on with the same. 12.7.4 Shopping Cart and Tire Removal. 12.7.4.1 Contractor's Right-of-Way Maintenance Crews shall remove shopping carts as a part of its rou�ne patrol and upon the direc�on Packet Pg. 849 of the City. Contractor will transport shopping carts to its facility and will atempt to contact the retail outlet from which shopping carts bearing iden�fica�on originated. Retail outlets will be given five (5) business days a�er no�fica�on to retrieve their shopping carts subject to a recovery cost of $25.00 per shopping cart paid to Contractor. Unclaimed shopping carts will be recycled. 12.7.4.2 Tire removal from assigned public rights-of-way, storm drains and channels will occur as part of rou�ne maintenance du�es. Tires must be collected from the City corpora�on yard at least once a week and properly disposed of. At least three (3) 40 yard roll-off dumpsters are required to be located in the City corpora�on yard for collec�on by the Contractor. The City will request an immediate collec�on of all roll-off dumpsters that are filled to capacity and Contractor must respond within 24 hours, excluding Sunday service. Contractor will be compensated for costs related to �res being collected and or disposed of from private property as a result of a duly noted code enforcement ac�on. 12.7.5 Storm Channels and Storm Drains. Storm channels iden�fied in a lis�ng to be provided by City will be cleaned once annually not later than September 1st. Storm drains and drain easements iden�fied in a lis�ng to be provided and maintained by the City will be cleaned once annually between October 1st and December 1st. 12.7.6 Metrolink. Contractor’s Right-of-Way maintenance crew will visit the Metrolink Sta�on located at 1204 W. 3rd Street twice each week (Monday and Friday) to remove liter and accumulated debris from the grounds and parking lot. Twice annually, Contractor’s Right-of-Way maintenance crew will patrol the Metrolink rail line within the City in coordina�on with Metrolink maintenance services for liter collec�on and weed abatement. 12.7.7 Warrant Abatements, Vacant Lot Clean-Ups, and Illegal Dumping Clean- Ups. Within two (2) business days of receipt of a writen order of the City's code enforcement officer delivered by the City's Contract Administrator, Contractor’s Right-of-Way maintenance crew will respond to perform clean-up on private property as part of an enforcement ac�on. Contractor will maintain a record of hours worked, personnel and equipment u�lized, and disposal expenses and shall issue a bill to the City for the services performed. The City shall follow its usual collec�on procedures, which may include causing a lien to be assessed against the property on the County property tax bill. The City will then compensate Contractor when the City collects payment. Packet Pg. 850 12.8 Excep�ons. Hazardous or toxic substances, motor vehicles, motor vehicle parts and objects larger than seven (7) feet in length or weighing more than two hundred (200) pounds are excluded from the Scope of Services for Right-of-Way Clean-Up. 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 requirements of SB 1383 and the SB 1383 Regulations, to inform and remind residents 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 January 1st of each 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. 14. Adjustments To Maximum Permitted Service Rates. Section 21.1.3 shall be amended in its entirety to read as follows: 21.1.3 Adjustments To Maximum Permitted Service Rates. The adjustments to the Maximum Permissible Customer Rates shall be calculated as follows: a) Annual Adjustment. On July 1, 2023 and each July 1st thereafter, Contractor may increase the Service Component of the Maximum Permitted Service Rates for all Service Recipients by CPI. Packet Pg. 851 Any Disposal Fees and Material Processing Fees for Solid Waste, Recyclable Materials, and Organic Waste, and City Approved Host Fees, shall be considered as pass through costs and added to the CPI adjustment to the Maximum Permitted Service Rates. City and Contractor shall meet and confer to clarify the methodology in this Section, which City shall have sole discretion to approve, and which may include an amendment to the Agreement, so long as the methodology is applied in accordance with this Agreement. Contractor shall send the proposed rate adjustment calculations and full rate schedule to the City Manager for review by March 1st of each Agreement year, or no adjustment shall be made for that Agreement Year. The City Manager shall respond to the Contractor within thirty days (30) after receipt of Contractor’s proposed changes to the Maximum Permitted Service Rates if the proposed percentage increase is calculated correctly in accordance with this Agreement. If the proposed Maximum Permitted Service Rates are correctly calculated, the new rates will be implemented by Contractor beginning July 1st of the Agreement Year. If the City Manager finds that Contractor’s proposed changes to the Maximum Permitted Service Rates are not correctly calculated, Contractor shall have thirty (30) days to correct and resubmit proposed changes to the Maximum Permitted Service Rates. If Contractor does not resubmit corrected Maximum Permitted Service Rates within 30 days of notice by the City Manager, no adjustment to the rates shall be made. b) Maximum Annual Increase. Except as specified in Section 21.1.3(a), in no event may the increase in the Maximum Permitted Service Rates increase by more than five percent (5%) during any July 1st – June 30th period regardless of the amount increase in the CPI. If, however, the changes to the CPI result in an increase above five percent (5%) or a negative number, any amount above five percent (5%) or below zero percent (0%), shall be carried forward or applied in subsequent years. c) Notice. Contractor shall provide notice of such increase or annual adjustment in this Section 21.1 to all property owners and customers parcels receiving service in a form approved by the City at Contractor’s expense. Contractor shall, at its own expense, mail a notice to all such customers no later than 30 days prior to the adjustment date pursuant to Government Code section 53756. Any notice that must be mailed to customers and/or property owners pursuant to the protest hearing requirements of Article XIII D, Section 6 of the California Constitution (also referred to as “Proposition 218”) shall be the responsibility of Contractor and shall be performed in a timely manner. Notwithstanding the foregoing, and to the extent determined necessary or advisable by City, any rate increase or new rate shall be subject to the requirements of Proposition 218 and is contingent upon the City not receiving a majority protest against the rate increase as part of such proceedings. Packet Pg. 852 d) Adjustment Due to Change in Law. As used herein, “Change in Law” means the enactment, issuance, adoption, repeal, amendment or modification of any federal, state or local statute, ordinance or regulation, or a regulatory agency or other administrative agency interpreting a law, statute, ordinance or regulation, in a manner different than relied upon by municipalities and the solid waste and collection industry. Contractor may adjust the Maximum Permissible Service Rates by an amount equal to the increase or incremental increase, as the case may be, in the costs (i.e., on any direct or indirect cost, whether fixed or variable) of Contractor’s provision of services under this Agreement that are caused by the Change in Law and that have been demonstrated to the City Council. e) The City Council shall not unreasonably refuse to approve rate adjustments, nor shall the City Council unreasonably delay review and approval of any such adjustment. f) Residential Organic Waste Rate Credit. Contractor shall, at its sole expense, provide a credit for Organic Waste service rates for residential customers over a three-year period, beginning with Fiscal Year 2023-2024 and through Fiscal Year 2025-2026. The 2023 credits have been applied to the rates shown in Exhibit A. The Organic Waste service rates for residential customers will be reduced as follows: Fiscal Year 2023-2024 2024-2025 2025-2026 2026-2027 Residential/MF Barrel ($5.79) ($3.98) ($2.00) $0.00 Residential 35 Gal Barrel ($2.59) ($1.30) ($0.65) $0.00 Mobile Home – 3 Barrel Service ($8.46) ($4.23) ($2.12) $0.00 Contractor shall be responsible for the costs for providing the rate reductions in this Section 21.1.3(f) and is not entitled to cost recovery. 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 16. Liquidated Damages. The following is added to the table within Section 30.54: Packet Pg. 853 LIQUIDATED DAMAGES Item Amount y. Each occurrence of Contractor Collecting from Customers during unauthorized hours except if beyond the Contractor’s reasonable control. $250 per incident. z. Failure to provide Containers for SB 1383 Collection service to all customers, unless customer is waiting for waiver approval or has been granted a waiver. $1,000 each week. aa. Failure to complete annual outreach and education requirements in accordance with this Agreement and SB 1383 Regulations by December 31st. $1,000 per Agreement Year. bb. Failure to complete annual SB 1383 monitoring requirements by December 31st in accordance with this Agreement and SB 1383 Regulations. $1,000 per year. cc. Failure to complete annual calendar reporting requirements by June 30 in accordance with this Agreement and SB 1383 Regulations. $1,000 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. $250 per incident ee. Failure to label Containers in accordance with this Agreement and SB 1383 Regulations. $250 per incident ff. Failure to issue contamination notices in accordance with this Agreement and SB 1383 Regulations. $50 per incident gg. Failure to conduct compliance tasks (i.e., perform route reviews or waste audits) in accordance with this Agreement and SB 1383 Regulations. $250 per incident hh. Failure to investigate complaints. $250 per incident ii. Failure to perform re-inspections in accordance with this Agreement and SB 1383 Regulations. $50 per incident jj. Submission of a late report required by the SB 1383 Regulations . $1,000 per incident. ll. Submission of an intentionally inaccurate and misleading report. $1,000 per incident. Packet Pg. 854 17. Compliance with Laws. The following 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, the SB 1383 Regulations, and/or any other applicable law, as may be amended from time to time. 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: Charles E. McNeely, City Manager City of San Bernardino 290 North D Street San Bernardino, CA 92401 Email: McNeely_ch@sbcity.org Copy to: Sonia Carvalho, City Attorney City of San Bernardino Best Best & Krieger LLP 18101 Von Karman Ave. Irvine, CA 92612 Email: Sonia.Carvalho@bbklaw.com And to: Daniel Hernandez, Director of Public Works City of San Bernardino 290 North D Street San Bernardino, CA 92401 Email: Hernandez_Da@sbcity.org 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 Packet Pg. 855 with SB 1383 and the SB 1383 Regulations and not inconsistent with the terms of this Agreement. 22. Whenever the words “AB 1826” appear in the Agreement, “and SB 1383 (and its implementing regulations)” 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 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: ______________________________ _____________________________ Charles McNeely Cole Burr City Manager President APPROVED AS TO FORM: ______________________________ Best Best & Krieger LLP City Attorney Packet Pg. 856 Exhibit 1 Maximum Permitted Service Rates Packet Pg. 857 Burrtec Waste Industries, Inc City of San Bernardino Option B Current 7/20/2023 Current 7/20/2023 Rates Rates Rates Rates Residential/MF Barrel 26.42$ 30.71$ Commercial Barrel 26.42$ 29.24$ Residential 35 Gal Barrel n/a 28.49$ (incl Trash & Recycling Barrel) Residential 35 Gal Barrel Sr n/a 25.64$ Mobile Home - 3 Barrel Service 17.73$ 28.19$ Commercial Compactors Mobile Home Complex - 2 Barrel n/a 20.36$ Size Freq 2 cu. yrd.1 x Wk 152.41$ 170.60$ Residential Trash Bins 2 cu. yrd.2 x Wk 285.57$ 320.23$ Size Freq 2 cu. yrd.3 x Wk 420.12$ 471.35$ 1 cu. yrd.1 x Wk 128.28$ 142.08$ 2 cu. yrd.4 x Wk 553.86$ 621.58$ 1 cu. yrd.2 x Wk 235.06$ 260.70$ 2 cu. yrd.5 x Wk 687.86$ 772.13$ 1 cu. yrd.3 x Wk 348.56$ 386.67$ 2 cu. yrd.6 x Wk 914.95$ 1,024.14$ 1 cu. yrd.4 x Wk 459.37$ 509.70$ 3 cu. yrd.1 x Wk 179.87$ 204.99$ 1 cu. yrd.5 x Wk 567.48$ 629.77$ 3 cu. yrd.2 x Wk 335.00$ 378.55$ 1 cu. yrd.6 x Wk 757.61$ 839.29$ 3 cu. yrd.3 x Wk 492.89$ 564.01$ 2 cu. yrd.1 x Wk 128.87$ 144.94$ 3 cu. yrd.4 x Wk 643.92$ 737.55$ 2 cu. yrd.2 x Wk 236.22$ 266.42$ 3 cu. yrd.5 x Wk 805.93$ 911.95$ 2 cu. yrd.3 x Wk 350.32$ 395.26$ 3 cu. yrd.6 x Wk 1,076.39$ 1,213.48$ 2 cu. yrd.4 x Wk 461.70$ 521.11$ 4 cu. yrd.1 x Wk 179.87$ 204.99$ 2 cu. yrd.5 x Wk 570.42$ 644.09$ 4 cu. yrd.2 x Wk 335.00$ 382.98$ 2 cu. yrd.6 x Wk 761.10$ 856.41$ 4 cu. yrd.3 x Wk 492.89$ 564.01$ 3 cu. yrd.1 x Wk 137.52$ 156.59$ 4 cu. yrd.4 x Wk 643.92$ 737.55$ 3 cu. yrd.2 x Wk 260.45$ 297.28$ 4 cu. yrd.5 x Wk 805.93$ 923.05$ 3 cu. yrd.3 x Wk 387.00$ 441.90$ 4 cu. yrd.6 x Wk 1,076.39$ 1,226.80$ 3 cu. yrd.4 x Wk 508.39$ 580.90$ 3 cu. yrd.5 x Wk 632.44$ 722.80$ Commercial/MF/Resi GW Bins 3 cu. yrd.6 x Wk 967.58$ 1,094.85$ Size Freq 4 cu. yrd.1 x Wk 151.54$ 174.10$ 1 cu. yrd.1 x Wk 123.20$ 134.32$ 4 cu. yrd.2 x Wk 286.96$ 330.61$ 1 cu. yrd.2 x Wk 227.60$ 248.14$ 4 cu. yrd.3 x Wk 422.35$ 487.11$ 1 cu. yrd.3 x Wk 334.68$ 364.89$ 4 cu. yrd.4 x Wk 556.44$ 642.18$ 1 cu. yrd.4 x Wk 441.75$ 481.61$ 4 cu. yrd.5 x Wk 690.50$ 797.21$ 1 cu. yrd.5 x Wk 547.45$ 596.85$ 4 cu. yrd.6 x Wk 1,194.23$ 1,355.27$ 2 cu. yrd.1 x Wk 124.09$ 135.29$ 6 cu. yrd.1 x Wk 219.94$ 253.11$ 2 cu. yrd.2 x Wk 229.37$ 250.07$ 6 cu. yrd.2 x Wk 419.68$ 484.19$ 2 cu. yrd.3 x Wk 337.33$ 367.77$ 6 cu. yrd.3 x Wk 620.77$ 716.76$ 2 cu. yrd.4 x Wk 445.28$ 485.47$ 6 cu. yrd.4 x Wk 827.26$ 955.19$ 2 cu. yrd.5 x Wk 551.88$ 601.68$ 6 cu. yrd.5 x Wk 1,016.26$ 1,174.57$ 3 cu. yrd.1 x Wk 133.05$ 145.06$ 6 cu. yrd.6 x Wk 1,207.95$ 1,396.87$ 3 cu. yrd.2 x Wk 251.25$ 273.92$ 3 cu. yrd.3 x Wk 367.95$ 401.15$ Commercial/MF Trash Bins 3 cu. yrd.4 x Wk 484.67$ 528.41$ Size Freq 3 cu. yrd.5 x Wk 599.99$ 654.14$ 1 cu. yrd.1 x Wk 145.42$ 160.77$ 4 cu. yrd.1 x Wk 145.54$ 158.68$ 1 cu. yrd.2 x Wk 266.44$ 294.92$ 4 cu. yrd.2 x Wk 270.47$ 294.88$ 1 cu. yrd.3 x Wk 395.11$ 437.42$ 4 cu. yrd.3 x Wk 396.78$ 432.59$ 1 cu. yrd.4 x Wk 520.70$ 576.58$ 4 cu. yrd.4 x Wk 524.47$ 571.80$ 1 cu. yrd.5 x Wk 643.27$ 712.42$ 4 cu. yrd.5 x Wk 649.41$ 708.02$ 1 cu. yrd.6 x Wk 858.77$ 949.59$ 6 cu. yrd.1 x Wk 167.50$ 182.62$ 2 cu. yrd.1 x Wk 146.08$ 163.70$ 6 cu. yrd.2 x Wk 311.65$ 339.77$ 2 cu. yrd.2 x Wk 267.76$ 300.81$ 6 cu. yrd.3 x Wk 458.56$ 499.95$ 2 cu. yrd.3 x Wk 397.10$ 446.27$ 6 cu. yrd.4 x Wk 587.64$ 640.67$ 2 cu. yrd.4 x Wk 523.35$ 588.34$ 6 cu. yrd.5 x Wk 746.87$ 814.28$ 2 cu. yrd.5 x Wk 646.58$ 727.14$ 35Gal Barrel 1 x Wk n/a 47.54$ 2 cu. yrd.6 x Wk 862.73$ 967.24$ 35Gal Barrel 2 x Wk n/a 79.70$ 3 cu. yrd.1 x Wk 155.88$ 176.60$ 35Gal Barrel 3 x Wk n/a 106.91$ 3 cu. yrd.2 x Wk 295.24$ 335.22$ 35Gal Barrel 4 x Wk n/a 134.53$ 3 cu. yrd.3 x Wk 438.67$ 498.24$ 35Gal Barrel 5 x Wk n/a 171.74$ 3 cu. yrd.4 x Wk 576.27$ 654.93$ 65Gal Barrel 1 x Wk n/a 53.86$ 3 cu. yrd.5 x Wk 716.89$ 814.90$ 65Gal Barrel 2 x Wk n/a 92.26$ 3 cu. yrd.6 x Wk 1,096.78$ 1,235.74$ 65Gal Barrel 3 x Wk n/a 125.71$ 4 cu. yrd.1 x Wk 171.77$ 196.16$ 65Gal Barrel 4 x Wk n/a 159.56$ 4 cu. yrd.2 x Wk 325.27$ 372.39$ 65Gal Barrel 5 x Wk n/a 203.00$ 4 cu. yrd.3 x Wk 478.75$ 548.61$ 4 cu. yrd.4 x Wk 630.74$ 723.20$ Commercial Food Waste 4 cu. yrd.5 x Wk 782.71$ 897.76$ Size Freq 4 cu. yrd.6 x Wk 1,353.70$ 1,529.16$ 2 cu. yrd.1 x Wk 263.53$ 283.78$ 6 cu. yrd.1 x Wk 249.30$ 285.12$ 2 cu. yrd.2 x Wk 475.26$ 511.05$ 6 cu. yrd.2 x Wk 475.72$ 545.30$ 2 cu. yrd.3 x Wk 670.32$ 720.16$ 6 cu. yrd.3 x Wk 703.65$ 807.13$ 2 cu. yrd.4 x Wk 866.88$ 930.93$ 6 cu. yrd.4 x Wk 937.71$ 1,075.63$ 2 cu. yrd.5 x Wk 1,095.40$ 1,176.53$ 6 cu. yrd.5 x Wk 1,151.95$ 1,322.54$ 2 cu. yrd.6 x Wk 1,257.62$ 1,349.85$ 6 cu. yrd.6 x Wk 1,369.23$ 1,572.75$ 35Gal Barrel 1 x Wk n/a 64.70$ 35Gal Barrel 2 x Wk n/a 114.04$ Commercial/MF/Resi Recycling Bins 35Gal Barrel 3 x Wk n/a 158.41$ Size Freq 35Gal Barrel 4 x Wk n/a $ 203.21 All Sizes 1 x Wk $ 53.59 $ 58.42 35Gal Barrel 5 x Wk n/a $ 257.59 All Sizes 2 x Wk $ 107.17 $ 116.83 35Gal Barrel 6 x Wk n/a $ 292.21 All Sizes 3 x Wk $ 160.76 $ 175.27 65Gal Barrel 1 x Wk $ 78.46 $ 84.40 All Sizes 4 x Wk $ 215.00 $ 234.39 65Gal Barrel 2 x Wk $ 143.25 $ 153.81 All Sizes 5 x Wk $ 268.58 $ 292.81 65Gal Barrel 3 x Wk $ 203.65 $ 218.49 All Sizes 6 x Wk $ 322.17 $ 351.24 65Gal Barrel 4 x Wk $ 264.40 $ 283.51 65Gal Barrel 5 x Wk $ 333.63 $ 357.85 65Gal Barrel 6 x Wk $ 385.35 $ 413.05 Packet Pg. 858 Burrtec Waste Industries, Inc City of San Bernardino Option B Current 7/20/2023 Rates Rates Roll-Off - Service Only - All Refuse Permanent - Plus Disposal 381.73$ 422.41$ - All Refuse Temporary 615.90$ 450.25$ incl Disp + Disposal - All Recycling (Different Materials) - Plus Disposal 381.73$ 416.16$ - Waste to Energy - Plus Disposal n/a 1,401.55$ Roll Off Retractable Lid Monthly Rental Fee n/a 257.20$ Receiver n/a 334.38$ Compactor Box n/a 465.63$ Water Reclamation 131.00$ 142.81$ Miscellaneous RO Compactor Repair (per hour)76.21$ 83.09$ Compactor Cleaning (each/single occurrence)151.90$ 165.61$ Dry Run / Relocate Roll Offs (Perm & Temp)85.44$ 93.15$ Roll Off Daily Rental Fee (Perm & Temp)42.03$ 45.82$ Stand By / Roll-Back Roll Offs (Perm & Temp) 154.58$ 168.53$ per occurrence in excess of 15 min End Dump Service (per Hour)n/a 234.38$ Certificate of Destruction 127.03$ 138.50$ Residential/Commercial - Barrel Exchange (first Exchange free) charge does not apply to graffiti 17.24$ 18.80$ or damaged barrels Commercial - Barrel Replacement comml-lost or stolen 85.16$ 92.84$ Bin Services - Bin Exchange (first Exchange free) charge does not apply to graffiti 86.22$ 94.00$ or damaged bins - Bin Replacement + actual cost of bin comml-lost or stolen 93.98$ 102.46$ Bin Enclosure Cleaning (each/single occurrence)42.33$ 46.15$ Bin Steam Cleaning (each/single occurrence)42.33$ 46.15$ Pull Out Service - Backyard Barrel Frail/Handicap (Resi/MH/MF)N/C N/C Extra Trash Barrel (Resi/MF/MH/Commercial)14.77$ 16.11$ Extra Recycling Barrel (Resi/MF/MH/) N/C N/C Extra Recycling Barrel (Com) 26.98$ 29.41$ Extra Green Waste Barrel (Resi/MF only)12.93$ 14.10$ Pull Out Service - Bin (1-6 Yard) x1 76.63$ 83.55$ Temporary Bin (3 Yrd) - 7 Day use 78.60$ 85.69$ Temp Bin Dump and Return 78.60$ 85.69$ Clean-Up Service (per 15 min)41.27$ 44.99$ Recycling Contamination Barrel n/a 11.51$ Recycling Contamination (each bin)67.20$ 73.27$ Extra Pick-Ups Bins - On Service Day 1 & 2 Yard (Trash/Recyc)28.80$ 31.40$ 3 Yard (Trash/Recyc)31.32$ 34.15$ 4 Yard (Trash/Recyc)34.31$ 37.41$ 6 Yard (Trash/Recyc)40.65$ 44.32$ Extra Pick-Ups All Bins - On Non-Service Day (Trash)51.25$ 55.87$ Extra Pick-Ups All Bins - On Non-Service Day (Recyc)39.87$ 43.47$ Extra Pick-Ups Compactors (Trash) 2 Yard 31.32$ 34.15$ 3 & 4 Yard 34.31$ 37.41$ Extra Pick-Up Barrel - Residential/Mobile Home 10.56$ 11.51$ Extra Pick-Ups FW Bins $ 9 9.73 $ 1 08.73 Extra Pick-Ups Barrel - FW $ 2 9.69 $ 3 2.37 Tilhopper (3 yd)$ 3 4.18 $ 3 7.26 Lock $ 2 0.16 $ 2 1.98 Late set-out fee $ 3 2.74 $ 3 5.69 Late Fee 1.5%1.5% Shopping cart retrieval $ 2 5.00 $ 2 6.25 Additional Services Packet Pg. 859 NOTICE OF PUBLIC HEARING PROPOSITION 218 NOTIFICATION TO PROPERTY OWNERS AND CUSTOMERS TO CONSIDER INCREASES TO SOLID WASTE SERVICE RATES Si usted necesita una copia de la carta en español, por favor visite el sitio https://www.sbcity.org/swrates o puede recoger una copia en el departamento de Public Works (201 N E St, San Bernardino, CA, 92401 edificio B segundo piso). Notice is hereby given that the City of San Bernardino (“City”) will conduct a public hearing on May 17, 2023, at 7:00 p.m. at the Feldheym Central Library, 555 West 6th Street, San Bernardino, CA 92410 to consider adopting increases to the rates for collection, processing, and disposal of solid waste within the City (collectively, “Solid Waste Services”). The purpose of the public hearing is to consider all oral testimony and written protests to, and the adoption of, the proposed rates. This 45-day notice is hereby given in accordance with Section 6(a) of Article XIII D of the California Constitution. Proposed Solid Waste Rates Burrtec Waste Industries, Inc. (“Burrtec”) provides Solid Waste Services within the City pursuant to an exclusive franchise agreement. Burrtec bills the customers directly for the services. Rates for Solid Waste Services are evaluated periodically to maintain an adequate rate structure to fund the costs of providing Solid Waste Services to residents and commercial businesses. The rate structure for monthly Solid Waste Services has four customer classes: (i) mobile home, (ii) single-family, (iii) multi- family dwelling, and (iv) commercial. The rates for Solid Waste Services imposed on each customer class are determined on the basis of (i) the size of the container serving the property; (ii) the type of container (e.g., trash, recycling, or green/organic waste) serving the property; and (iii) the frequency of pickups per week. The proposed rate increases for Solid Waste Services are necessary for Burrtec to provide mandatory organic waste collection services pursuant to regulations implementing Senate Bill 1383 (Chapter 395, Statutes of 2016). The proposed rates are calculated to recover the costs of providing weekly organic waste collection services, outreach, education, monitoring, reporting and container labeling to comply with the SB 1383 regulations, and to proportionately allocate those costs on a parcel basis among various customer classes. The rates to be imposed are set forth in Exhibit A of this Notice. Annual Adjustments • CPI Adjustment: The proposed maximum rates for Solid Waste Services in Exhibit A account for inflation, subject to a 5% cap on Maximum Permitted Service Rates. Beginning July 1, 2023, and each July 1 thereafter, through and including July 1, 2027, the then-current Maximum Permitted Service Rates will be adjusted by the 12-month annual average percentage change for the most recent calendar year, compared to the prior calendar year, in the All Urban Consumers Index (CPI-U), Not Seasonally Adjusted, All Items, Riverside-San Bernardino-Ontario, CA, as published by the U.S. Department of Labor, Bureau of Labor Statistics. • Organic Waste Processing & Disposal Pass-through Fees: The proposed maximum rates for Solid Waste Services in Exhibit A shall be adjusted annually to account for processing and disposal fees for organic waste. Beginning July 1, 2023, and each July 1 thereafter, through and including July 1, 2027, the actual processing and disposal costs for organic waste shall be passed through to customers in the rates. The entire schedule of proposed maximum permitted rates, including miscellaneous services, are included with this notice and can be found at the City Clerk’s office (see address below), or on the City of San Bernardino website at http://sbcity.org/swrates. Packet Pg. 860 Public Hearing and Written Protest Process Any property owner whose property is to be subject to the proposed increases to the rates for the Solid Waste Services and any tenant directly responsible for the payment of such fees (i.e., a customer of record) may submit a written protest to the proposed rate increases; provided, however, only one protest will be counted per identified parcel. Written protests must include the following: (1) State that the identified property owner or tenant is in opposition to the proposed rate increase to the fees; (2) The location of the identified parcel (by assessor’s parcel number or street address); and (3) The name and signature of the property owner or tenant submitting the protest. If the person submitting the written protest is the owner of record but was not shown on San Bernardino County’s last equalized assessment roll as the property owner, that person must provide written evidence that the person is the property owner. Written protests may be submitted by mail or in person to the City Clerk’s Office, provided they are received prior 3 p.m. on May 17, 2023. Written protests may also be submitted to the City Clerk at the Public Hearing prior to the close of the public comment portion of the Public Hearing. Written protests submitted via e-mail will not be accepted. Please identify on the front of the envelope for any protest, whether mailed or submitted in person, Attn: Solid Waste Rates. Written protests may be submitted as follows: BY MAIL TO: (by May 17, 2023, 3 p.m.) HAND DELIVERED TO CITY CLERK’S OFFICE: (by May 17, 2023, 3 p.m.) SAN BERNARDINO CITY CLERK’S OFFICE ATTN: SOLID WASTE RATES 290 NORTH “D” STREET SAN BERNARDINO, CA 92401 SAN BERNARDINO CITY CLERK’S OFFICE ATTN: SOLID WASTE RATES 201 NORTH “E” STREET BUILDING A SAN BERNARDINO, CA 92401 IN PERSON AT PUBLIC HEARING: (on May 17, 2023, 7 p.m. until close of public comment) FELDHEYM CENTRAL LIBRARY 555 WEST 6TH STREET SAN BERNARDINO, CA 92410 The City Council will consider all written protests and hear and consider all oral comments to the proposed rate increases for Solid Waste Services and the annual rate adjustments at the Public Hearing. Oral comments at the Public Hearing will not qualify as formal protests unless accompanied by a written protest. Upon the conclusion of the Public Hearing, the City Council will consider adoption of the rate increases to the Solid Waste Services and the annual rate adjustments as described herein. If written protests against the proposed Solid Waste Services and annual rate adjustments are not presented by a majority of the property owners of the identified parcels upon which the rates are proposed to be imposed and tenants directly responsible for the payment of the Solid Waste Services fees, the City Council will be authorized to impose the Solid Waste Services and annual rate adjustments as outlined above. If adopted, the proposed rate increases will take effect beginning July 1, 2023. The City is conducting this Proposition 218 majority protest proceeding out of an abundance of caution and without conceding the applicability of Proposition 218 to Solid Waste Services. Questions If you have questions regarding this notice or how your rates will be affected, please visit http://sbcity.org/swrates. You can also call (909) 384-5375 or Prop218Support@sbcity.org. Packet Pg. 861 EXHIBIT A MAXIMUM PERMITTED SOLID WASTE SERVICE RATES Current 7/1/23 Current 7/1/23 Rates Rates Rates Rates Residential/MF Barrel 26.42$ 37.97$ Commercial Compactors Residential 35 Gal Barrel n/a 31.87$ Size Freq Mobile Home Barrel 17.73$ 37.97$ 2 cu. yrd.1 x Wk 152.41$ 170.60$ 2 cu. yrd.2 x Wk 285.57$ 320.23$ Residential Trash Bins 2 cu. yrd.3 x Wk 420.12$ 471.35$ Size Freq 2 cu. yrd.4 x Wk 553.86$ 621.58$ 1 cu. yrd.1 x Wk 128.28$ 142.08$ 2 cu. yrd.5 x Wk 687.86$ 772.13$ 1 cu. yrd.2 x Wk 235.06$ 260.70$ 2 cu. yrd.6 x Wk 914.95$ 1,024.14$ 1 cu. yrd.3 x Wk 348.56$ 386.67$ 3 cu. yrd.1 x Wk 179.87$ 204.99$ 1 cu. yrd.4 x Wk 459.37$ 509.70$ 3 cu. yrd.2 x Wk 335.00$ 378.55$ 1 cu. yrd.5 x Wk 567.48$ 629.77$ 3 cu. yrd.3 x Wk 492.89$ 564.01$ 1 cu. yrd.6 x Wk 757.61$ 839.29$ 3 cu. yrd.4 x Wk 643.92$ 737.55$ 2 cu. yrd.1 x Wk 128.87$ 144.94$ 3 cu. yrd.5 x Wk 805.93$ 911.95$ 2 cu. yrd.2 x Wk 236.22$ 266.42$ 3 cu. yrd.6 x Wk 1,076.39$ 1,213.48$ 2 cu. yrd.3 x Wk 350.32$ 395.26$ 4 cu. yrd.1 x Wk 179.87$ 204.99$ 2 cu. yrd.4 x Wk 461.70$ 521.11$ 4 cu. yrd.2 x Wk 335.00$ 382.98$ 2 cu. yrd.5 x Wk 570.42$ 644.09$ 4 cu. yrd.3 x Wk 492.89$ 564.01$ 2 cu. yrd.6 x Wk 761.10$ 856.41$ 4 cu. yrd.4 x Wk 643.92$ 737.55$ 3 cu. yrd.1 x Wk 137.52$ 156.59$ 4 cu. yrd.5 x Wk 805.93$ 923.05$ 3 cu. yrd.2 x Wk 260.45$ 297.28$ 4 cu. yrd.6 x Wk 1,076.39$ 1,226.80$ 3 cu. yrd.3 x Wk 387.00$ 441.90$ 3 cu. yrd.4 x Wk 508.39$ 580.90$ Commercial/MF/Resi GW Bins 3 cu. yrd.5 x Wk 632.44$ 722.80$ Size Freq 3 cu. yrd.6 x Wk 967.58$ 1,094.85$ 1 cu. yrd.1 x Wk 123.20$ 134.32$ 4 cu. yrd.1 x Wk 151.54$ 174.10$ 1 cu. yrd.2 x Wk 227.60$ 248.14$ 4 cu. yrd.2 x Wk 286.96$ 330.61$ 1 cu. yrd.3 x Wk 334.68$ 364.89$ 4 cu. yrd.3 x Wk 422.35$ 487.11$ 1 cu. yrd.4 x Wk 441.75$ 481.61$ 4 cu. yrd.4 x Wk 556.44$ 642.18$ 1 cu. yrd.5 x Wk 547.45$ 596.85$ 4 cu. yrd.5 x Wk 690.50$ 797.21$ 2 cu. yrd.1 x Wk 124.09$ 135.29$ 4 cu. yrd.6 x Wk 1,194.23$ 1,355.27$ 2 cu. yrd.2 x Wk 229.37$ 250.07$ 6 cu. yrd.1 x Wk 219.94$ 253.11$ 2 cu. yrd.3 x Wk 337.33$ 367.77$ 6 cu. yrd.2 x Wk 419.68$ 484.19$ 2 cu. yrd.4 x Wk 445.28$ 485.47$ 6 cu. yrd.3 x Wk 620.77$ 716.76$ 2 cu. yrd.5 x Wk 551.88$ 601.68$ 6 cu. yrd.4 x Wk 827.26$ 955.19$ 3 cu. yrd.1 x Wk 133.05$ 145.06$ 6 cu. yrd.5 x Wk 1,016.26$ 1,174.57$ 3 cu. yrd.2 x Wk 251.25$ 273.92$ 6 cu. yrd.6 x Wk 1,207.95$ 1,396.87$ 3 cu. yrd.3 x Wk 367.95$ 401.15$ 3 cu. yrd.4 x Wk 484.67$ 528.41$ Commercial/MF Trash Bins 3 cu. yrd.5 x Wk 599.99$ 654.14$ Size Freq 4 cu. yrd.1 x Wk 145.54$ 158.68$ 1 cu. yrd.1 x Wk 145.42$ 160.77$ 4 cu. yrd.2 x Wk 270.47$ 294.88$ 1 cu. yrd.2 x Wk 266.44$ 294.92$ 4 cu. yrd.3 x Wk 396.78$ 432.59$ 1 cu. yrd.3 x Wk 395.11$ 437.42$ 4 cu. yrd.4 x Wk 524.47$ 571.80$ 1 cu. yrd.4 x Wk 520.70$ 576.58$ 4 cu. yrd.5 x Wk 649.41$ 708.02$ 1 cu. yrd.5 x Wk 643.27$ 712.42$ 6 cu. yrd.1 x Wk 167.50$ 182.62$ 1 cu. yrd.6 x Wk 858.77$ 949.59$ 6 cu. yrd.2 x Wk 311.65$ 339.77$ 2 cu. yrd.1 x Wk 146.08$ 163.70$ 6 cu. yrd.3 x Wk 458.56$ 499.95$ 2 cu. yrd.2 x Wk 267.76$ 300.81$ 6 cu. yrd.4 x Wk 587.64$ 640.67$ 2 cu. yrd.3 x Wk 397.10$ 446.27$ 6 cu. yrd.5 x Wk 746.87$ 814.28$ 2 cu. yrd.4 x Wk 523.35$ 588.34$ 35Gal Barrel 1 x Wk n/a 47.65$ 2 cu. yrd.5 x Wk 646.58$ 727.14$ 35Gal Barrel 2 x Wk n/a 80.42$ 2 cu. yrd.6 x Wk 862.73$ 967.24$ 35Gal Barrel 3 x Wk n/a 108.44$ 3 cu. yrd.1 x Wk 155.88$ 176.60$ 35Gal Barrel 4 x Wk n/a 136.83$ 3 cu. yrd.2 x Wk 295.24$ 335.22$ 35Gal Barrel 5 x Wk n/a 174.51$ 3 cu. yrd.3 x Wk 438.67$ 498.24$ 65Gal Barrel 1 x Wk n/a 55.23$ 3 cu. yrd.4 x Wk 576.27$ 654.93$ 65Gal Barrel 2 x Wk n/a 95.50$ 3 cu. yrd.5 x Wk 716.89$ 814.90$ 65Gal Barrel 3 x Wk n/a 131.36$ 3 cu. yrd.6 x Wk 1,096.78$ 1,235.74$ 65Gal Barrel 4 x Wk n/a 168.30$ 4 cu. yrd.1 x Wk 171.77$ 196.16$ 65Gal Barrel 5 x Wk n/a 215.96$ 4 cu. yrd.2 x Wk 325.27$ 372.39$ 4 cu. yrd.3 x Wk 478.75$ 548.61$ Commercial Food Waste 4 cu. yrd.4 x Wk 630.74$ 723.20$ Size Freq 4 cu. yrd.5 x Wk 782.71$ 897.76$ 2 cu. yrd.1 x Wk 263.53$ 287.31$ 4 cu. yrd.6 x Wk 1,353.70$ 1,529.16$ 2 cu. yrd.2 x Wk 475.26$ 518.15$ 6 cu. yrd.1 x Wk 249.30$ 285.12$ 2 cu. yrd.3 x Wk 670.32$ 730.81$ 6 cu. yrd.2 x Wk 475.72$ 545.30$ 2 cu. yrd.4 x Wk 866.88$ 945.11$ 6 cu. yrd.3 x Wk 703.65$ 807.13$ 2 cu. yrd.5 x Wk 1,095.40$ 1,194.25$ 6 cu. yrd.4 x Wk 937.71$ 1,075.63$ 2 cu. yrd.6 x Wk 1,257.62$ 1,371.11$ 6 cu. yrd.5 x Wk 1,151.95$ 1,322.54$ 35Gal Barrel 1 x Wk n/a 67.63$ 6 cu. yrd.6 x Wk 1,369.23$ 1,572.75$ 35Gal Barrel 2 x Wk n/a 120.41$ 35Gal Barrel 3 x Wk n/a 168.42$ Commercial Barrel 26.42$ 29.24$ 35Gal Barrel 4 x Wk n/a 216.81$ (incl Trash & Recycling Barrel)35Gal Barrel 5 x Wk n/a 274.48$ 35Gal Barrel 6 x Wk n/a 313.05$ Commercial/MF/Resi Recycling Bins 65Gal Barrel 1 x Wk 78.46$ 85.54$ Size Freq 65Gal Barrel 2 x Wk 143.25$ 156.18$ All Sizes 1 x Wk 53.59$ 58.42$ 65Gal Barrel 3 x Wk 203.65$ 222.03$ All Sizes 2 x Wk 107.17$ 116.83$ 65Gal Barrel 4 x Wk 264.40$ 288.26$ All Sizes 3 x Wk 160.76$ 175.27$ 65Gal Barrel 5 x Wk 333.63$ 363.74$ All Sizes 4 x Wk 215.00$ 234.39$ 65Gal Barrel 6 x Wk 385.35$ 420.13$ All Sizes 5 x Wk 268.58$ 292.81$ All Sizes 6 x Wk 322.17$ 351.24$ Packet Pg. 862 EXHIBIT A MAXIMUM PERMITTED SOLID WASTE SERVICE RATES Current 7/1/23 Rates Rates Roll-Off - Service Only - Refuse Permanent - Plus Disposal 381.73$ 422.93$ - Refuse Temporary 615.90$ 450.75$ incl Disp + Disposal - Recycling (Different Materials) - Plus Disposal 381.73$ 416.18$ - Recycling (Different Materials) - Plus Disposal 167.96$ 176.36$ BWI/COE/Customer Owned Receiver n/a 334.88$ Compactor Box n/a 466.13$ Miscellaneous RO Compactor Repair (per hour)76.21$ 83.09$ Compactor Cleaning (each/single occurrence)151.90$ 165.61$ Dry Run / Relocate Roll Offs (Perm & Temp)85.44$ 93.15$ Stand By / Roll-Back Roll Offs (Perm & Temp) 154.58$ 168.53$ per occurrence in excess of 15 min End Dump Service (per Hour)n/a 234.38$ Roll Off Daily Rental Fee (Perm & Temp)42.03$ 45.82$ Roll Off Retractable Lid Monthly Rental Fee n/a 257.70$ Pull Out Service - Backyard Barrel Frail/Handicap (Resi/MH/MF)N/C N/C Extra Trash Barrel (Resi/MF/MH/Commercial)14.77$ 16.11$ Extra Recycling Barrel (Resi/MF/MH/) N/C N/C Extra Recycling Barrel (Com) 26.98$ 29.41$ Extra Green Waste Barrel (Resi/MF only)12.93$ 14.10$ Pull Out Service - Bin (1-6 Yard) x1 76.63$ 83.55$ Temporary Bin (3 Yrd) - 7 Day use 78.60$ 85.69$ Temp Bin Dump and Return 78.60$ 85.69$ Residential/Commercial - Barrel Exchange (first Exchange free) charge does not apply to graffiti or 17.24$ 18.80$ damaged barrels Commercial - Barrel Replacement comml-lost or stolen 85.16$ 92.84$ Bin Services - Bin Exchange (first Exchange free) charge does not apply to graffiti or 86.22$ 94.00$ damaged bins - Bin Replacement + actual cost of bin comml-lost or stolen 93.98$ 102.46$ Bin Enclosure Cleaning (each/single occurrence)42.33$ 46.15$ Bin Steam Cleaning (each/single occurrence)42.33$ 46.15$ Clean-Up Service (per 15 min)41.27$ 44.99$ Recycling Contamination Barrel n/a 11.51$ Recycling Contamination (each bin)67.20$ 73.27$ Extra Pick-Ups Bins - On Service Day 1 & 2 Yard (Trash/Recyc)28.80$ 31.40$ 3 Yard (Trash/Recyc)31.32$ 34.15$ 4 Yard (Trash/Recyc)34.31$ 37.41$ 6 Yard (Trash/Recyc)40.65$ 44.32$ Extra Pick-Ups All Bins - On Non-Service Day (Trash)51.25$ 55.87$ Extra Pick-Ups All Bins - On Non-Service Day (Recyc)39.87$ 43.47$ Extra Pick-Ups Compactors (Trash) 2 Yard 31.32$ 34.15$ 3 & 4 Yard 34.31$ 37.41$ Extra Pick-Up Barrel - Residential/Mobile Home 10.56$ 11.51$ Extra Pick-Ups FW Bins 99.73$ 108.73$ Extra Pick-Ups Barrel - FW 29.69$ 32.37$ Tilhopper (3 yd)34.18$ 37.26$ Lock 20.16$ 21.98$ Late set-out fee 32.74$ 35.69$ Late Fee 1.5%1.5% Certificate of Destruction 127.03$ 138.50$ Shopping cart retrieval 25.00$ 26.25$ Water Reclamation 131.00$ 142.82$ Additional Services Packet Pg. 863 Title: Solid Waste Rate Adjustment and Third Amendment to the Franchise Agreement for Integrated Solid Waste Collection, Processing and Disposal Services. Presented by: Daniel Hernandez, Agency Director of Public Works, Operations and Maintenance & Leslie Graciano, Environmental Programs Coordinator Packet Pg. 864 Background •Burrtec Waste Industries, Inc. is the City’s franchise solid waste hauler. The City and Burrtec entered the 10- year agreement in 2016 to provide trash, recycling, and green waste services to the jurisdiction. The current term expires March 21, 2026. •The franchise agreement allows Burrtec to increase the service rates by Consumer Price Index (CPI), not exceeding a 5% increase annually. •This is a beneficial aspect for rate increases, because the increase for overall service rates based on the percentage of calculated inflation, is capped. Franchise Agreement with Burrtec Waste Industries, Inc. Packet Pg. 865 Background •On December 7, 2022, the City Council considered three rate options and authorized the issuance of the Proposition 218 Notice with Option A (previously referred to as Rate Option 2). •On May 17, 2023, the City Council continued the Proposition 218 Public Hearing to June 21, 2023, and directed staff to negotiate with Burrtec on a new option with lower rates. •On June 21, 2023, City Staff requested the continuation of the Proposition 218 Public Hearing to July 19, 2023, to allow the completion of negotiations. Franchise Agreement with Burrtec Waste Industries, Inc. Packet Pg. 866 Discussion •SB 1383 Regulations requires all businesses and residents to subscribe to organic waste ( green + food waste) collection services, in addition to trash and recycling services. •The City must implement the SB 1383 Regulations, or it could face penalties of up to $10,000 per day for failing to comply. •CalRecycle is aware the City is under negotiations with Burrtec to amend the franchise agreement to implement SB 1383 requirements. SB 1383 Implementation 2023 Packet Pg. 867 Discussion Continued Collection •Residential collection will utilize 3-container system •Commercial collection will utilize 4-container system, service levels dependent on customer needs Education and Outreach Activities •Information distributed through community meetings, newsletters, automated calls, feedback from route review audits/ waste evaluations, and onsite guidance SB 1383 Implementation 2023 Packet Pg. 868 Discussion Continued Assistance in Procurement Requirements •Compost & mulch giveaways, landscape and turf enhancements, organics converted to heat, fuel, and electricity Edible Food Recovery •Identify Tier 1 commercial edible food generators and food recovery organizations, estimate amount of edible food being disposed of and divert 20% of edible food from disposal to food recovery organizations or services. SB 1383 Implementation 2023 Packet Pg. 869 Discussion Continued Compliance Monitoring and Enforcement •Document qualified customers, commercial edible food generators, waste characterizations, route audit results, complaints investigated, recovered organic waste products procured, and organic waste diverted from landfill. Capacity Planning •City works with Burrtec to evaluate existing capacity for managing organic waste processing & edible food recovery prgoram SB 1383 Implementation 2023 Packet Pg. 870 Agreement Rate Option Comparison Packet Pg. 871 Option A and B comparison of Rates 2023-2036 Option A rate FY 2023:$36.17 Option B rate FY 2023:$30.71 Numbers after FY 2023 are estimates for comparative purposes and not actual numbers for the future Packet Pg. 872 Option A •5-year agreement extension •5% CPI cap on the service components, the trash components and recycling components •Pass through of all processing and disposal cost for organics only •35-gallon service for low volume customers •Senior Discount Rate •Quality of Life Team Option B •10-year extension •5% CPI cap on the service components only •Pass through of all processing and disposal costs for trash, recycling, and organics •35-gallon service for low volume customers •Lower Mobile Home Rate •Senior Discount Rate •Expansion of the Quality of Life team Amendment No. 3 to the Franchise Agreement with Burrtec Packet Pg. 873 1.Proceed with the continued Public Hearing to receive comments on the proposed rate increases and Third Amendment to the City’s Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing and Disposal Services with Burrtec Waste Industries, Inc. (“Burrtec”); and 2.Close the Public Hearing after all public comments have been heard; and 3.Determine if written protests have been received from the owners and tenants from parcels which are subject to the solid waste service rate increases, and, if a majority protest is not received; and 4.Adopt either Resolution adopting rates and Approving Third Amendment for either: a.Option A (previously referred to as Rate Option 2) b.Option B (new rate option) Conclusion Packet Pg. 874 1 2 RESOLUTION NO. 2016-10 3 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING A TEN-YEAR AGREEMENT WITH BURRTEC 4 WASTE INDUSTRIES, INC. TO PROVIDE REFUSE AND RECYCLING, STREET 5 SWEEPING AND RIGHT-OF-WAY CLEAN-UP SERVICES TO THE CITY 6 WHEREAS, the City filed for bankruptcy protection in August 2012; and 7 WHEREAS, as a result, a Recovery Plan in support of a Plan of Adjustment has been filed with the federal bankruptcy court and approved by the Common Council in May 2015 8 that indicated the Council's approval to seek more cost effective approaches to providing 9 services to the public; and 10 WHEREAS, the court and creditors expect the City to implement the Plan in good 11 faith and are closely monitoring the City actions toward implementation; and 12 WHEREAS, the City currently provides solid waste and recycling, street sweeping and right-of-way clean-up services to the public using city staff; and 13 WHEREAS, the City would need to invest almost $20 million just to replace its 14 outdated equipment used to support these activities; and 15 WHEREAS, the private sector performs these services more cost effectively due to 16 economies of scale including capital acquisition, fleet maintenance, workers compensation, employee recruitment, safety and training programs, customer service and billing, technology 17 and management; and 18 WHEREAS, most municipalities contract these services to the private sector; and 19 WHEREAS, the City Manager sent out Requests for Proposals in June, 2015 seeking 20 proposals for a 10-year agreement for solid waste and recycling, street sweeping and right-of- 21 way cleanup services with the option for a five-year renewal; and 22 WHEREAS, four companies responded to the RFP; and 23 WHEREAS, a team of professionals with no ties to any of the companies reviewed 24 and rated the proposals; and 25 WHEREAS, the companies were rated on a review of their financial strength, proposed customer rates, technical proposal, financial proposal, and references; and 26 27 28 1 Packet Pg. 875 WHEREAS, each company was interviewed and confirmed the customer rates and 1 financial proposal provided to the City and to identify guaranteed savings; and 2 WHEREAS, the evaluation team unanimously rated the proposal from Burrtec as the 3 best and most effective proposal for the City; and 4 WHEREAS, on November 16, 2015, the Common Council declared Burrtec to be the 5 successful proposer and authorized staff to: negotiate a ten-year agreement with Burrtec to provide solid waste and recycling, street sweeping, and right-of-way clean-up services, 6 consistent with the terms of their proposal and the RFP; work with the County of San Bernardino to determine if an acceptable agreement can be reached for landfill rates that 7 would allow waste to be returned to the County system without increasing rates or reducing 8 revenues to the City; and return to the Common Council for final contract approval. 9 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON 10 COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 11 SECTION 1. A ten-year agreement with one possible five-year extension with 12 Burrtec Waste Industries, Inc, attached hereto as Exhibit"A" is hereby approved to provide 13 solid waste and recycling, street sweeping and right-of-way clean-tip services; 14 SECTION 2. Staff is directed to send written notice to Republic Industries, Inc. 15 terminating the City's processing agreement effective January 1, 2018. 16 17 SECTION 3. The $500,000 offered by Burrtec as part of their financial proposal is 18 hereby authorized to be distributed to employees transitioning to Burrtec and leaving city 19 employment, based primarily on seniority. 20 SECTION 4. The number of authorized full time positions in the Public Works 21 Department will be reduced by 87, effective April 1, 2016. 22 HI 23 24 25 26 27 28 2 Packet Pg. 876 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF 1 SAN BERNARDINO APPROVING A TEN-YEAR AGREEMENT WITH BURRTEC 2 TO PROVIDE REFUSE AND RECYCLING, STREET SWEEPING AND RIGHT-OF- WAY CLEAN-UP SERVICES TO THE CITY 3 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor 4 5 and Common Council of the City of San Bernardino at a joint adjourned regular meeting 6 thereof, held on the 25th day of January, 2016, by the following vote, to wit: 7 Council Members: AYES NAYS ABSTAIN ABSENT 8 MARQUEZ X 9 10 BARRIOS X 11 VALDIVIA X 12 SHORETT X 13 NICKEL X 14 JOHNSON X 15 MULVIHILL X 16 17 Q. - v- 18 Georgea Hanna,'CKU, City Clerk 19 The foregoing Resolution is hereby approved this day of Januar 2016. 20 21 R. Carey Day' , Mayor 22 City of San ernardino 23 Approved as to form: Gary D. Saenz, City Attorney 24 25 Byy. 26 27 28 3 Packet Pg. 877 2016-10 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. By and Between THE CITY OF SAN BERNARDINO and BURRTEC WASTE INDUSTRIES, INC. Approved on: January 25, 2016 Pagel of 126 Franchise Agreement Term April 1, 2016—March 31, 2026 Packet Pg. 878 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. This page intentionally left blank. Page 2 of 126 Franchise Agreement Term April 1, 2016—March 31, 2026 Packet Pg. 879 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. TABLE OF CONTENTS RECITALS 5 Section 1. Definitions 7 Section 2. Grant of Franchise 14 Section 3. Contractor's Payments Reimbursements, and Additional Revenues to City 17 Section 4. Term and Term Extensions 21 Section 5. Warranties and Representations 22 Section 6. Types and Frequency of Service 25 Section 7. SFD Collection Service 31 Section 8. MFD Collection Services 35 Section 9. Commercial Collection Service 36 Section 10. Collection Service for City Service Units 39 Section 11. Street Sweeping 41 Section 12. Right-of-Way Clean-Up Service 46 Section 13. Collection Routes 49 Section 14. Public Outreach Services. 50 Section 15. Collection Equipment 52 Section 16. Hiring of Displaced City Employees and Local Recruiting 57 Section 17. Privacy 58 Section 18. Service Exceptions• Hazardous Waste 58 Section 19. Customer Service 59 Section 20. Ownership of Solid Waste, Recyclable Materials, Organic Waste and Construction and Demolition Materials 60 Page 3 of 126 Franchise Agreement Term April 1, 2016—March 31, 2026 Packet Pg. 880 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. Section 21. Customer Rates and Billing Procedures 60 Section 22. Contractor's Books and Records: Audits 65 Section 23. Integrated Waste Management Act: Reporting Requirements 65 Section 24. Activities and Financial Reports; Adverse Information 66 Section 25. Indemnification and Insurance 71 Section 26. Performance Bonds 75 Section 27. Emergency Service 76 Section 28. Administrative Remedies; Imposition of Damages: Termination 77 Section 29. Referral to Referee; Hearing Procedures 80 Section 30. City's Additional Remedies 83 Section 31. Billing Audit and Performance Reviews 87 Section 32. Franchise Transfers City Consent; Fees 89 Section 33. General Provisions 90 Exhibit 1 Maximum Permitted Service Rates 95 Exhibit 2 City Facilities 99 Exhibit 3 Contractor's Facilities 103 Exhibit 4 City Sponsored Events 105 Exhibit 5 Transition Plan 107 Exhibit 6 Public Education & Outreach Plan 111 Exhibit 7 Diversion Plan 113 Exhibit 8 Customer Service Plan 117 Exhibit 10 Displaced City Employee Compensation Minimum Requirements 123 Exhibit 11 Contractor's Subcontractors 125 Page 4 of 126 Franchise Agreement Term April 1, 2016—March 31, 2026 Packet Pg. 881 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. This Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services ("Agreement") is hereby entered into by and between the City of San Bernardino, a California Charter City and a municipal corporation organized under the Constitution and laws of the State of California ("Cit '), and Burrtec Waste Industries, Inc. a California corporation organized under the laws of the State of California ("Contractor"), and is made on the terms and conditions provided below: RECITALS WHEREAS, Article XI, § 7 of the California Constitution authorizes cities to protect public health and safety by taking measures in furtherance of their authority over police and sanitary matters; and WHEREAS, the Legislature of the State of California, by enactment of the California Integrated Waste Management Act of 1989, ("AB 939" or the "Act") established a Solid Waste management process which requires cities and other local jurisdictions to implement plans for source reduction, reuse and recycling as integrated waste management practices for Solid Waste attributed to sources within their respective jurisdictions; and WHEREAS, the Legislature of the State of California, by enactment of its California Global Warming Solutions Act of 2006 ("AB 32"), requires that commercial generators statewide participate in recycling programs; and WHEREAS, the Legislature of the State of California, by enactment of Assembly Bill 341 AB 341") adopted a goal that seventy-five percent of solid waste generated state-wide be diverted from landfill by the year 2020. Furthermore, AB 341 requires that each commercial solid waste generator, including multi-family dwellings of five or more units, provide for recycling programs, and each City or County implement recycling programs for commercial solid waste generators, including multi-family dwellings of five or more units; and WHEREAS, the Legislature of the State of California, by enactment of Assembly Bill 1594 ("AB 1594") eliminates cities and counties from receiving landfill diversion credit from green waste used being used as Alternative Daily Cover effective January 1, 2020; and WHEREAS, the Legislature of the State of California, by enactment of Assembly Bill 1826 ("AB 1826") adopted requirements for each commercial solid waste generator, including multi-family dwellings of five or more units, to provide for organics recycling programs, and for each City or County to implement organics recycling programs for commercial solid waste generators, including multi-family dwellings of five or more units by April 1, 2016; and Page 5 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026 Packet Pg. 882 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. WHEREAS, California Public Resources Code § 40059 provides that aspects of Solid Waste handling of local concern include but are not limited to frequency of collection, means of collection and transportation, level of services, charges and fees, and nature, location and extent of providing solid waste services, and whether the services are to be provided by means of nonexclusive, partially exclusive or wholly exclusive franchise, contract, license or otherwise which may be granted by local government under terms and conditions prescribed by the governing body of the local agency; and WHEREAS, City is obligated to protect the public health and safety of the residents and businesses of the City of San Bernardino and arrangements made by solid waste enterprises and recyclers for the collection of residential and commercial Solid Wastes should be made in a manner consistent with the exercise of the City's police power for the protection of public health and safety; and WHEREAS, City and Contractor are mindful of the provisions of the laws governing the safe collection, transport, recycling and disposal of residential and commercial Solid Waste, including AB 939, the Resource Conservation and Recovery Act ("RC RA'), 42 U.S.C. §§ 6901 et seq., the Comprehensive Environmental Response, Compensation and Liability Act CERCLA"), 42 U.S.C. §§ 9601 et seq.; the Electronic Waste Recycling Act of 2003 (SB 20, Sher, Chapter 526, Statutes of 2003; SB 50, Sher, Chapter 863, Statutes of 2004; AB 575, Wolke, Chapter 59, Statutes of 2011), laws governing Universal Waste, including, but not limited to, Universal Waste Electronics Devices ("UWED"), non-empty aerosol cans, fluorescent tubes, high intensity discharge lamps, sodium vapor lamps, and any other lamp exhibiting a characteristic of a hazardous waste, batteries (rechargeable nickel-cadmium batteries, silver button batteries, mercury batteries, small sealed lead acid batteries [burglar alarm and emergency light batteries] alkaline batteries, carbon-zinc batteries and any other batteries which exhibit the characteristic of a hazardous waste), mercury thermometers, mercury-containing switches; and WHEREAS, City and Contractor desire to leave no doubts as to their respective roles and to make it clear that by entering into this Agreement, City is not thereby becoming a generator" or an "arranger" as those terms are used in the context of CERCLA § 107(a)(3) and that it is Contractor, an independent entity, not City, which will arrange to collect Solid Waste from SFD, MFD, City and Commercial Service Units in the City, transport for recycling and disposal and dispose of Solid Wastes which may contain small amounts of household products with the characteristics of hazardous wastes, collect and compost Organic Waste and collect and recycle Recyclable Materials from SFD, MFD, City, and Commercial Service Units in the City, and collect and recycle or dispose of Construction and Demolition Materials; and Page 6 of 126 Franchise Agreement Term April 1, 2016—March 31, 2026 Packet Pg. 883 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. WHEREAS, there are no places within the City limits of the City of San Bernardino where active landfills for disposal are located, or which are suitable for the siting of a landfill and therefore Solid Waste must be exported from the City; and WHEREAS, City and Contractor agree that Contractor, not City, will select the landfill or transformation facility destination of the non-recyclable residential and commercial Solid Waste and Construction and Demolition Materials which Contractor will arrange to collect, that City has not, and by this Agreement does not, instruct Contractor on its collection methods, nor supervise Contractor in the collection of waste and nothing in this Agreement or other action of the City shall be construed to give rise to any inference that the City has any title, ownership or right of possession of such Solid Waste; and WHEREAS, Contractor represents and warrants to City that Contractor has the experience and qualifications to conduct recycling and waste diversion programs, to provide City with information sufficient to meet the City's reporting requirements to CalRecycle and other agencies under the Act, to meet City's other requirements under the Act, to arrange with persons in charge of day-to-day activities of Service Units in the City for the collection, safe transport and disposal of Solid Wastes which may contain small amounts of household products with the characteristics of Hazardous Wastes, in a safe manner which shall minimize the adverse effects of collection vehicles on air quality and traffic, and that Contractor has the ability to indemnify City in accordance with this Agreement; and WHEREAS, the City Council of the City of San Bernardino determines and finds pursuant to California Public Resources Code § 40059(a)(1) that the public interest, health, safety and well-being, including the minimization of adverse impacts on air quality and traffic from excessive numbers of collection vehicles, the implementation of measures consistent with the City's Source Reduction and Recycling Component, and in an effort to reduce the City's potential CERCLA liability, would be served if Contractor were to be awarded an exclusive Franchise for collection, recycling, diversion and disposal of Solid Waste from Service Units in the City of San Bernardino. NOW, THEREFORE, the City and Contractor, agree as follows: Section 1. Definitions Whenever any term used in this Agreement has been defined by the Municipal Code of the City of San Bernardino ("Municipal Code") or Division 30, Part 1, Chapter 2 of the California Public Resources Code, the definitions in the Municipal Code or Public Resources Code shall apply unless the term is otherwise defined in this Agreement. For purposes of this Agreement the following definitions apply: Page 7 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026 Packet Pg. 884 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. 1.1 "AB 341" means State of California Assembly Bill No. 341 approved October 5, 2011. AB 341 requires businesses, defined to include commercial or public entities that generate more than 4 cubic yards of commercial solid waste per week or multifamily residential dwellings of 5 units or more to arrange for recycling services, on and after July 1, 2012. AB 341 requires jurisdictions, on and after July 1, 2012, to implement a commercial solid waste recycling program. 1.2 "Act" or "AB 939" means the California Integrated Waste Management Act of 1989, codified in part at Public Resources Code §§ 40000 et seq., as it may be amended and as implemented by the regulations of the California Department of Resources Recycling and Recovery (CalRecycle), or its successor agency. 1.3 "AB 1594" means State of California Assembly Bill No. 1594 approved September 28, 2014. AB 1594 provides that the use of green material as Alternative Daily Cover does not constitute diversion through recycling and would be considered disposal. 1.4 "AB 1826" means State of California Assembly Bill No. 1826 approved September 28, 2014. AB 1826 requires each jurisdiction, on and after January 1, 2016, to implement an organic waste recycling program to divert organic waste from businesses. Each business meeting specific organic waste or solid waste generation thresholds phased in from April 1, 2016 to January 1, 2020 is required to arrange for organic waste recycling services. 1.5 "ADC" or "Alternative Daily Cover" means cover material used to cover compacted Solid Waste in a Disposal Site, other than at least six (6) inches of earthen material, placed on the surface of the active face of the Solid Waste fill area at the end of each operating day to control vectors, fires, odors, blowing litter, and scavenging, as defined in Section 20164 of the California Code of Regulations as may be amended from time to time 1.6 "Agreement' or "Franchise Agreement" means this written Agreement between the City and Contractor, and all exhibits. See Section 2, below. 1.7 "Agreement Year" means each twelve (12) month period from April 1St to March 31St of each year beginning on the Service Commencement Date. 1.8 "Bin" or "Bins" means those 2, 3, 4, and 6 cubic yard containers provided by Contractor for the collection of Solid Waste, Recyclable Material and Organic Waste. 1.9 "Bulky Waste" means large and small household appliances, furniture, carpet, mattresses, white goods, brown goods, clothing, automobile tires, and oversized yard waste such as tree trunks and large branches if no larger than two feet in diameter and four feet in length and similar large items discarded by residential Service Recipients. Bulky Waste is a form of Solid Waste when discarded by the generator into the waste Page 8 of 126 Franchise Agreement Term April 1, 2016—March 31, 2026 Packet Pg. 885 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. stream. The term "Bulky Waste" does not include consumer electronics, such as televisions, radios, computers, monitors, and the like, which are regarded as Universal Waste Electronic Devices, the disposal of which is governed by regulation of the Department of Toxic Substances Control. 1.10"Business Days" means Monday through Friday, during the hours of 8:00 a.m., through 5:00 p.m., except for holidays recognized by City. 1.11"Cart" or "Carts" means those wheeled containers up to 96-gallon capacity provided by Contractor for the collection of Organic Waste, Recyclable Materials, and Solid Waste. 1.12"City" means the City of San Bernardino, California. 1.13"City Representative" means the City Manager, or the City Manager's designee, authorized to administer and monitor the provisions of this Agreement. 1.14"City Service Unit" means those City properties or locations as set forth in Exhibit 2, "City Facilities", which is attached to and included in this Agreement. 1.15"Commercial Service Unit" means, premises in the City, other than SFD, MFD and City Service Units, where Solid Waste, Recyclable Materials, and Organic Waste are generated or accumulated. The term "Commercial Service Unit" includes, but is not limited to, stores; offices; restaurants; rooming houses; hotels; motels; industrial and manufacturing, processing, or assembly shops or plants; hospitals, clinics, convalescent centers and nursing homes (non-medical waste). 1.16 "Commercial Organic Waste" means Green Waste and Food Waste separated at the source of generation for inclusion in the Commercial Organic Waste Collection Service program. 1.17"Integrated Solid Waste Collection, Processing and Disposal Services" means the collection, transportation, processing, recycling, composting, conversion, retention and disposal of all Solid Waste, Organic Waste, (including Commercial Organic Waste, Food Waste, and Green Waste), Recyclable Materials, Construction and Demolition Materials, Bulky Waste, all as defined in this Agreement, produced, generated and/or accumulated within the City. 1.18 "Construction and Demolition Materials" or "C&D Materials" means discarded building materials, "inert wastes" as defined in Public Resources Code § 41821.3(a)(1) rock, concrete, brick, sand, soil ceramics and cured asphalt), recyclable construction and demolition materials, packaging, plaster, drywall, rubble resulting from construction, remodeling, repair and demolition operations, but does not include asbestos-containing materials. Construction and Demolition Materials, but not asbestos-containing materials, Page 9 of 126 Franchise Agreement Term April 1, 2016—March 31, 2026 Packet Pg. 886 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. are within the scope of this Agreement, subject to the licensed contractor exception in Section 2.9, below. 1.19"Consumer Price Index" or "CPI" means the twelve (12) month annual average percentage change for the most recent period of January 1st through December 31st, versus the prior most recent period of January 1st through December 31st, as published the U.S. Department of Labor, Bureau of Labor Statistics, Series ID: "CUURA421SA0, Not Seasonally Adjusted, All Items, Los Angeles-Riverside-Orange County, CA." 1.20"Container" means Cart, Bin, or Roll-off. 1.21"Contractor" means Burrtec Waste Industries, Inc. a California corporation, a party to this Agreement. 1.22 "Displaced City Employee" means an employee of the City as of March 31, 2016 who was principally employed in the operation or support of City's refuse enterprise such as drivers, motor sweeper operators, maintenance workers, customer service representatives, and administrative support) and who would otherwise be discharged or laid-off as a result of City's grant of the Franchise to Contractor, or who has waived their bumping rights under the applicable collective bargaining agreement and decided to pursue a position offered by Contractor. 1.23"Disposal Facility" means such place or places specifically designated by the Contractor as listed in Exhibit 3 for the disposal, or processing as appropriate, of Solid Waste and other materials as appropriate. 1.24"Effective Date" means the date by which Contractor and City have approved the Franchise Agreement (including all attachments) and their respective authorized representatives have executed the Franchise. 1.25"Franchise" means the exclusive right and privilege granted by this Agreement. 1.26"Payments to the City " means the negotiated payments as listed in Section 3 of this Agreement that are agreed upon by the City and Contractor in consideration of City's grant of the Franchise to Contractor and which, inter alia, is intended to offset the City's expenses in administering this Franchise and to compensate City for damage to its streets, sidewalks, curbs and gutters and other infrastructure resulting from Contractor's exercise of this Franchise, the expenses of administering the program for the Solid Waste stream, reporting requirements under the Act and other related expenses. 1.27"Food Waste" means food scraps and trimmings from food preparation, including but not limited to: meat, fish and dairy waste, fruit and vegetable waste, grain waste, incidental food packaging and food soiled paper products. Food Waste is synonymous Page 10 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026 Packet Pg. 887 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. with "garbage" as that term is defined by Section 17225.30 of Title 14, California Code of Regulations. 1.28"Gross Receipts" means all monies, fees, charges, consideration received or imputed to Contractor and any Affiliate of Contractor, in connection with, arising from, or in any way attributable to the services set forth in this Agreement, including services carried out by any permissible subcontractor hereunder. Gross Receipts include, without limitation, any franchise fee imposed and collected pursuant to this Agreement. For purposes of calculating Monthly Franchise Fee Payments, Gross Receipts does not include revenue from the sale of Recyclable Materials. 1.29 "Green Waste" means leaves, grass clippings, brush, branches and other forms of organic materials generated from maintenance or alteration of landscapes or gardens including, but not limited to, yard clippings, leaves, tree trimmings, prunings, brush and weeds and incidental pieces of scrap lumber, separated from the Solid Waste Stream. Green Waste" includes holiday trees (except such trees which are frosted, flocked or which contain tinsel or metal), but does not include stumps or branches exceeding four inches (4") in diameter or four feet (4') in length, or palm fronds, or yucca, which are not suitable for composting. "Green Waste" is not a "Recyclable Material" but may be a form of Solid Waste if discarded into the waste stream. 1.30"Hazardous Waste" means any waste materials or mixture of wastes defined as a hazardous substance" or "hazardous waste" pursuant to the Resource Conservation and Recovery Act ("RCRA"), 42 U.S.C. §§ 6901 et seq., the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA"), 42 U.S.C. §§ 9601 et seq., the Carpenter-Presley-Tanner Hazardous Substance Account Act HSAA"), codified at California Health & Safety Code §§ 25300 et seq.; the Electronic Waste Recycling Act of 2003 (SB 20, Sher, Chapter 526, Statutes of 2003; SB 50, Sher, Chapter 863, Statutes of 2004; AB 575, Wolke, Chapter 59, Statutes of 2011), laws governing Universal Waste, including, but not limited to, Universal Waste Electronics Devices ("UWED"), non-empty aerosol cans, fluorescent tubes, high intensity discharge lamps, sodium vapor lamps, and any other lamp exhibiting a characteristic of a hazardous waste, batteries (rechargeable nickel-cadmium batteries, silver button batteries, mercury batteries, small sealed lead acid batteries [burglar alarm and emergency light batteries] alkaline batteries, carbon-zinc batteries and any other batteries which exhibit the characteristic of a hazardous waste), mercury thermometers, mercury-containing switches, and all future amendments to any of them, or as defined by CalRecycle or the Department of Toxic Substances Control, or by their respective successor agencies. If there is a conflict in the definitions employed by two or more agencies having jurisdiction over hazardous or Solid Waste, the term "Hazardous Waste" shall be construed to have the broader, more encompassing definition. Page 11 of 126 Franchise Agreement Term April 1, 2016—March 31, 2026 Packet Pg. 888 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. 1.31"Household Hazardous Waste" means dry cell household batteries, cell phones and PDAs; used motor oil; used oil filters when contained in a sealed plastic bag; cooking oil; compact fluorescent light bulbs contained in a sealed plastic bag; E-Waste; cleaning products, pesticides, herbicides, insecticides, painting supplies, automotive products, solvents, stripes, and adhesives, auto batteries; and Universal Waste generated at a SFD or MFD Service Unit. 1.32 "Material Recovery Facility" means any facility, selected by the Contractor as listed in Exhibit 3, designed, operated, and legally permitted for the purpose of receiving, sorting, processing, storing, or preparing Recyclable Materials for sale. 1.33 "Multi-Family Dwelling Service Unit" or "MFD Service Unit" means a multi- family dwelling unit such as mobile home parks, apartments, condominiums and town homes, which utilize Carts, Bins or Roll-offs for the accumulation and collection of Solid Waste, Recyclable Material, and Organic Waste. 1.34"Organic Waste" means Green Waste and Food Waste. Organic Waste is a form of Solid Waste when discarded into the waste stream. The following list may be modified, by the mutual agreement of City and Contractor memorialized in writing executed by both Parties. As of the date of execution of this Agreement, Organic Waste includes, but is not limited to the following: 1.34.1 Plant material (branches, grass clippings, natural Christmas trees, palm fronds, leaves, shrubbery, tree trimmings, weeds); 1.34.2 Wood (non-toxic wood products without paint and foreign objects of appropriate size for the container); and, 1.34.3 Food Waste (cooked and uncooked food matter, incidental food packaging and food soiled paper products for commercial customers). 1.35"Organic Waste Processing Facility" means any facility selected by the Contractor as listed in Exhibit 3 that is designed, operated and legally permitted for the purpose of receiving and processing Organic Waste. 1.36"Parties" means the City and the Contractor. 1.37"Residence" or "Residential" means any and all dwelling units, as defined in the Land Use Zoning Ordinance" of the City of San Bernardino, and other buildings used for residential or dwelling purposes. 1.38"Recyclable Materials" is a part of the waste stream that can be reused or processed into a form suitable for reuse through reprocessing or remanufacture, consistent with the requirements of AB 939. The following list may be modified, by the mutual agreement of City and Contractor memorialized in writing executed by both Page 12 of 126 Franchise Agreement Term April 1, 2016—March 31, 2026 Packet Pg. 889 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. Parties. As of the date of execution of this Agreement, Recyclable Materials includes, but is not limited to the following: 1.38.1 Plastics (all numbered plastics); 1.38.2 Metals (aluminum cans, aluminum foil, empty aerosol cans, pie tins, tin cans); 1.38.3 Fiber materials (cardboard, cereal boxes, envelopes, file folders, frozen food boxes, junk mail, magazines, mixed paper, office paper, newspaper, telephone books, white paper); and, 1.38.4 Glass (all colors of glass jars and bottles, except light bulbs, mirror and window glass). 1.39 "Roll-off' means those 10 to 40 cubic yard containers that are normally loaded onto a motor vehicle and transported to an appropriate facility. 1.40 "SB 20" means the Electronic Waste Recycling Act of 2003. 1.41"Scavenging" means the unauthorized removal of Recyclable Materials from designated containers and/or place of collection. Scavenging is prohibited by Public Resources Code § 41950. 1.42"Service Commencement Date" means April 1, 2016, the date upon which Contractor becomes solely responsible for providing Integrated Solid Waste Collection, Processing and Disposal Services to City and within City's boundaries. 1.43"Service Recipient" means SFD Service Unit, MFD Service Unit, City Service Unit, or Commercial Service Unit receiving service by the Contractor as specified by the Agreement. 1.44"Service Unit" means SFD Service Units, MFD Service Units, City Service Units, and Commercial Service Units. 1.45"Single-Family Dwelling Service Unit" or "SFD Service Unit" generally means a detached dwelling, or each dwelling unit of a duplex, triplex, or quadplex, a townhouse, a condominium unit or a mobile home which utilizes Carts, or a Bin or Roll-off for the accumulation and collection of Solid Waste, Recyclable Material, and Organic Waste. 1.46"Solid Waste" means and includes any materials defined as "solid waste" by Section 40191 of the California Public Resources Code, and specifically includes, without limitation, Construction and Demolition Materials, Recyclable Materials, Organic Waste, Bulky Waste, and all other non-hazardous materials, excluding Universal Waste, that are discarded into the waste stream by the generator, or collected in exchange for a fee or any other consideration, regardless of form or amount. Page 13 of 126 Franchise Agreement Term April 1, 2016—March 31, 2026 Packet Pg. 890 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. 1.47"Temporary Bin or Roll-off Container Collection Service" means collection of a three (3) cubic yard Bin or ten (10) to forty (40) cubic yard Roll-off container placed in service by Contractor on a temporary basis for no more than seven (7) days between collections. 1.48"Term" means the operative life of this Agreement as stated in Section 4.2, which is ten (10) years beginning 12:01 am on April 1, 2016 ending 11.59 pm on March 31, 2026. 1.49"Transition Period" means the period of time between the Effective Date and the Service Commencement Date. 1.50"Universal Waste" means and includes, but is not limited to, Universal Waste Electronic Devices" or "UWEDs," (i.e., electronic devices subject to the regulation of the Department of Toxic Substances Control, 23 CCR §§ 66273.1, et seq.), and other Universal Wastes, including, but not limited to non-empty aerosol cans, fluorescent tubes, high intensity discharge lamps, sodium vapor lamps, and any other lamp exhibiting a characteristic of a hazardous waste, batteries (rechargeable nickel-cadmium batteries, silver button batteries, mercury batteries, small sealed lead acid batteries burglar alarm and emergency light batteries] alkaline batteries, carbon-zinc batteries and any other batteries which exhibit the characteristic of a hazardous waste), mercury thermometers, mercury-containing switches. 1.51"Work Days" mean the days Monday through Saturday, during the hours of 5:00 a.m., to 6:00 p.m., which is the general period Contractor provides regular collection services. Section 2. Grant of Franchise 2.1 Binding Agreement. In consideration of mutual promises and agreements made by the Parties and contained in this Agreement the Parties agree to be bound by the terms and conditions of this Agreement and that this Agreement shall be binding upon their successors-in-interest. 2.2 Prior Agreements. 2.2.1 Contractor agrees that the agreement between the City and Contractor titled "Professional Services Agreement For The Processing of Organic Materials, Recycling Materials and Municipal Non-Recyclable Solid Waste Between The City Of San Bernardino And Burrtec Waste Industries, Inc." dated January 1, 2013 regarding delivery of approximately one half of all City collected Organic Waste, Recyclable Materials, and non-recyclable Solid Waste delivered to Contractor's East Valley Recycling & Transfer Station located at 1150 & 1250 South Tippecanoe Avenue, San Bernardino, CA 92408 is Page 14 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026 Packet Pg. 891 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. terminated and superseded on the Service Commencement date of this Agreement. 2.2.2 Contractor agrees that the agreement between the City and Jack's Disposal, Inc. "Agreement Between The City Of San Bernardino And Jack's Disposal, Inc. For The Collection, Transportation, And Disposal Of Solid Waste And Construction Debris And For Provide Temporary Bin/Roll-off Services" dated May 25, 1995 is terminated and superseded on the Service Commencement date of this Agreement 2.2.3 Contractor agrees to abide by the tonnage delivery and payment provisions terms and conditions as required in the agreement between the City and Republic Services of Southern California, LLC, d.b.a. Inland Regional Material Recovery Facility (IRMRF") titled "Professional Services Agreement For The Processing Of Organic Materials, Recycling Materials And Municipal Non-Recyclable Solid Waste Between The City Of San Bernardino And Republic Services of Southern California, LLC." dated January 1, 2013 regarding delivery of approximately one half of all City collected Organic Waste, Recyclable Materials, and non-recyclable Solid Waste delivered to the IRMRF located at 2059 E. Steel Road, Colton, CA 92324. Until such time that the agreement between the City and Republic Services of Southern California, LLC is terminated, Contractor is responsible for all payments due to Republic Services of Southern California LLC for Organic Waste, Recyclable Materials, and non-recyclable Solid Waste delivered by Contractor to the IRMRF. After such time that the agreement between the City and Republic Services of Southern California, LLC, is terminated, Contractor shall direct all Organic Waste, Recyclable Materials and Solid Waste collected by Contractor to permitted facilities as designated by Contractor. Contractor shall not be entitled to any additional compensation by the City or the City's rate payers for Organic Waste, Recyclable Materials, and non-recyclable Solid Waste delivered by Contractor to the IRMRF, except as may be provided in Section 21.1 of this Agreement. 2.3 Grant of Franchise; Exclusions. Except as expressly called out in this Agreement, Contractor is hereby granted the exclusive franchise, duty, right and privilege to control and direct all Solid Waste collected by the Contractor, including transfer, transport, recycling, processing and disposal of Solid Waste Organic Waste and Recyclable Materials generated within the boundaries of City subject to the terms and conditions set forth in this Agreement. 2.4 Exclusive Franchise. Contractor agrees that this Agreement is an "exclusive franchise" as that term is used in Public Resources Code §40059. Page 15 of 126 Franchise Agreement Term April 1, 2016—March 31, 2026 Packet Pg. 892 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. 2.5 Waiver of Rights. Contractor waives any right it may have to challenge the terms of this Agreement under federal, state or local law, or administrative regulation, except as provided in the dispute resolution provisions of Section 28 and Section 29 of this Agreement. 2.6 Recycling Agent. Contractor is hereby designated the City's authorized recycling agent as that term is used in Public Resources Code § 41950. 2.7 C&D Materials. The collection and disposal of Construction and Demolition Materials from Service Units through the use of Roll-offs or other Bins is within the scope of this Agreement. Accumulation, collection and recycling or disposal of Construction and Demolition Materials by a licensed contractor utilizing its own employees and equipment at its job site is permissible in accordance with the Municipal Code. 2.8 Sale or Gift of Recyclable Materials. This Agreement does not prohibit any person from selling Recyclable Materials or giving Recyclable Materials away to persons or entities other than Contractor; however, in either instance: (1) the Recyclable Materials must be segregated from and not mixed with Solid Waste; and (2) the seller/donor may not pay the buyer/donee any consideration for collecting, processing or transporting such Recyclable Materials, or as a consultation or broker's fee for recycling services. A discount or reduction in price for collection, disposal and/or recycling services for any form of unsegregated or segregated Solid Waste is not a sale or donation of Recyclable Materials and such Solid Waste does not qualify for this exception. 2.9 Self-Hauling. City Ordinance MC-1346, which modified Section 8.24.285 of the City's Municipal Code, permits that a construction contractor may self-haul recyclables or C&D waste generated by the construction contractor at the job site, utilizing its own employees and equipment, with the exception of roll-offs or other bins per the Municipal Code. In addition, San Bernardino Municipal Code section 8.24.010(8) provides that the City does not limit the right of an individual person, organization, or other entity from donating, selling or otherwise disposing of recyclable materials, provided that any such donation, sale or disposal is in accordance with the provisions of Chapter 8.24. In addition, San Bernardino Municipal Code section 8.24.050(E) provides that any person in the lawful possession of any property, other than a place of business, is not prevented from collecting and removing therefrom and, in a vehicle owned or lawfully possessed by him or her, from transporting any refuse, recyclable discards or green waste naturally accumulated upon such property so owned or lawfully possessed by him or her. As such, 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 City's Municipal Code. This Agreement shall not prohibit gardeners and landscapers from collecting, Page 16 of 126 Franchise Agreement Term April 1, 2016—March 31, 2026 Packet Pg. 893 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. transporting and composting or disposing of Green Waste, as long as they transport such Green Waste to an Organic Waste 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. 2.10 Annexation. Territory annexed to the City and which is zoned or rezoned for residential or commercial use and which is not within the service area of another Solid Waste enterprise which qualifies under Public Resources Code § 49521 to continue to provide Solid Waste services shall be added to the Service Area covered by this Agreement. In the event that an annexed area is added to the Service Area, City and Contractor agree that this Agreement shall supersede any previous franchise agreement, permit, or license granted to Contractor by another public entity with respect to the collection of Solid Waste Recyclable Materials, Bulky Waste and Organic Waste within the annexed area. In the event that an annexed area is within the service area of another Solid Waste enterprise which qualifies under Public Resources Code § 49521, City shall, within 30 calendar days of the effective date of annexation or at such time as may otherwise be required by law, mail a certified return receipt letter to the current Solid Waste enterprise informing them of the commencement of the five (5) year wind down notification per Public Resources Code § 49521. 2.11 Other Services; Niche Recycling Services. City reserves the right to enter into agreements with other entities for other collection, diversion and recycling services not provided for in this Agreement, including, but not limited to catch basin clean-outs, contract services and "niche" recycling services which Contractor does not currently provide. In the event the City wishes, to provide a niche recycling service, e.g., collection of water heaters, in residential or commercial areas, Contractor shall have the initial opportunity to provide such niche recycling service at an agreed upon rate by the City and the Contractor. Section 3. Contractor's Payments, Reimbursements, and Additional Revenues to City 3.1 Contractor's Payments to City. In consideration of City's grant of the Franchise, Contractor shall pay and/or reimburse, as the case may be as provided in this Section 3, City in good and immediately available funds in United States Dollars. 3.2 Purchase of City-Owned Equipment/Personal Property. Contractor shall purchase all of City's equipment/personal property utilized in City's provision of Comprehensive Solid Wastes Services, as specified on the "List of City's Equipment/Property" attached to this Agreement as Exhibit 9 for Twelve Million Two Hundred Twenty Five Thousand Dollars ($12,225,000) which represents the Contractor's value of the specific equipment/personal property. Conveyance of and Page 17 of 126 Franchise Agreement Term April 1, 2016—March 31, 2026 Packet Pg. 894 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. transfer of title to the personal property shall be effectuated by a Bill of Sale and title document deposited by City into an escrow and by Contractor's deposit of the Property Payment into the escrow. The Parties shall deposit their respective items into escrow within thirty (30) Business Days after the Effective Date of this Agreement. Escrow shall close on or before the Service Commencement Date. City represents that, as the date of conveyance of the equipment/personal property to Contractor, such equipment/personal property shall be free and clear of liens, encumbrances and of adverse claims of any kind. In addition, as of the date of conveyance, possession of equipment/personal property shall be deemed as being transferred to Contractor. 3.3 Procurement-Related Costs Reimbursement. Within twenty (20) days after the Service Commencement Date of this Agreement, Contractor shall pay City a maximum amount not to exceed of Two Hundred Fifty Thousand Dollars 250,000) as reimbursement for City's actual procurement-related costs in undertaking the request for proposal process and for the costs it will incur in transitioning Comprehensive Solid Waste Service to Contractor. Within ten (10) days after the Service Commencement Date of this Agreement, the City shall provide an invoice to Contractor specifying the dollar amount incurred by the City for this procurement. Contractor's reimbursement payment to the City shall be reduced by the amount of any payments made directly by Contractor to City authorized consultants assisting with this procurement. 3.4 Payments to City. For the privileges granted to and conferred upon Contractor by City under the Agreement, Contractor shall pay to City the amounts set forth below City Payments"), over the Term of this Agreement, unless the Agreement is earlier terminated or specifically amended to require otherwise: 3.4.1 One-Time, Up-Front Franchise Payment. No later than five (5) business days prior to Service Commencement Date of this Agreement, Contractor shall pay City Five Million Dollars ($5,000,000) for the right to assume City services. If the Five Million Dollars ($5,000,000) payment is not received by March 25, 2016, this Agreement shall be null and void and the City may exercise its rights for the value of the Performance Bond is Section 26 of this Agreement. 3.4.2 Displaced City Employee Payments. Within 30 days of the Service Commencement Date, Contractor shall pay Five Hundred Thousand Dollars 500,000) to Displaced City Employees in a method to be determined by the City. 3.4.3 Annual Value Added Franchise Payment. Beginning in Agreement Year 2, Contractor shall pay to City Five Hundred Thousand Dollars 500,000) each Agreement Year, with the first annual payment due on April 1, Page 18 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026 Packet Pg. 895 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. 2017, and each succeeding installment payment due on April 1st of each year thereafter, with a final payment due on April 1, 2025. The total amount of all Annual Value Added Franchise Payments shall be Four Million Five Hundred Thousand Dollars ($4,500,000). 3.4.4 Host Fee Payment. Contractor shall pay the City a Host Fee as follows: a) Contractor shall make quarterly payments in the amounts as specified in Sections 3.4.4.c, 3.4.4.d, and 3.4.4.e covering the periods January 1 st — March 31 It, April 1 It — June 30th, July 1 It _ September 30th, and October 1st-December 31st. b) The Host Fee Payment is due on the last calendar day of the month following the prior quarter for services rendered, unless such day is a weekend or holiday, then the Host Fee Payment is due the next Business Day. C) For the period covering July 1, 2017 through December 31, 2017, the Host Fee Payment shall be Eighty One Thousand Two Hundred Fifty Dollars ($81,250). d) For the period covering January 1, 2018 through March 31, 2018, the Host Fee Payment shall be Eighty One Thousand Two Hundred Fifty Dollars ($81,250). e) Beginning April 1, 2018 and thereafter, Contractor shall pay to City Three Hundred Twenty Five Thousand Dollars ($325,000) each Agreement Year during the Term of this Agreement, and as the Term may be extended. f)The Host Fee payment is based on an initial Two Dollars ($2.00) per ton applicable on City Solid Waste and Green Waste tonnage delivered to the East Valley Recycling & Transfer Station. The dollar amounts specified in Sections 3.4.4.c, 3.4.4.d, and 3.4.4.e are the amounts to be paid by Contractor. In addition, Contractor shall pay the City a higher amount if the actual annual tonnage delivered to the East Valley Recycling & Transfer Station when multiplied by a City approved per ton Host Fee results in a higher dollar amount. Contractor shall also pay the City a Host Fee for non-City Solid Waste and Green Waste tonnages delivered to the East Valley Recycling & Transfer Station that may be subject to an Page 19 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026 Packet Pg. 896 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. approved City Host Fee, provided that the non-City jurisdictions have agreed to pay the Host Fee amount. Reconciliation of actual tons received and any increased payments to be made to the City for the prior calendar year will be on the subsequent April 1St payment period. The Host Fee Payment will increase in the same amount as any change to the Maximum Permissible Service Rates, and/ or in a percentage amount equivalent to any City approved Host Fee increase above the initial $2.00 per ton. 3.4.5 Landfill Maintenance Cost Avoidance Payment. Contractor shall pay to City Five Hundred Thousand Dollars ($500,000) each Agreement Year during the Term of this Agreement, and as the Term may be extended, in quarterly payments being due on July 1St, October 1St, January 1St, and April 1St with the first quarterly payment being due by July 1, 2016. The Annual Landfill Maintenance Cost Avoidance Payment will increase in the same amount as any change to the Maximum Permissible Service Rates. 3.4.6 BioCNG Biofueling Station Payment. Contractor shall pay to City Five Hundred Thousand Dollars ($500,000) each Agreement Year during the Term of this Agreement, and as the Term may be extended, in quarterly payments being due on July 1St, October 1St, January 1St, and April 1St, with the first quarterly payment being due on July 1, 2016. The BioCNG Biofueling Station Payment will be a concession payment for Contractor's use of City owned Biofuel station. If Contractor wishes to purchase BioFuel, Contractor and City shall enter into a separate agreement for the purchase of BioFuel. 3.4.7 Infrastructure Repair Fee Payment. Contractor shall pay to City Two Hundred Fifty Thousand Dollars ($250,000) each Agreement Year during the Term of this Agreement, and as the Term may be extended, with the first annual payment due on April 1, 2016, and each succeeding payment due on April 1St of each year thereafter. The Annual Infrastructure Repair Fee Payment will increase at the same amount as any change to the Maximum Permissible Service Rates. 3.4.8 Monthly Franchise Fee Payment. Contractor shall pay City the Twenty Percent (20%) of the total Gross Receipts received by the Contractor for services provided by the Contractor under the terms of this Agreement. The Monthly Franchise Fee Payment is due on the last calendar day of the month for services rendered during the prior month, unless such day is a weekend or holiday, then the Monthly Franchise Payment is due the next Business Day. 3.4.9 Annual Recyclables Revenue Share Payment. Contractor shall pay City an amount equal to fifty percent (50%) of net revenue from the sale of Page 20 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026 Packet Pg. 897 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. recyclable materials each calendar year during the Term of this Agreement, and as the Term may be extended, with the first annual payment due on April 1, 2017, and each succeeding payment due on April 1St of each year thereafter. For purposes of calculating the Annual Recyclables Share Payments, "net revenue" shall be the total dollar amount during each calendar year from the sale of Recyclable Materials collected and processed by Contractor under the terms of this Agreement less Contractor's cost for processing and marketing Recyclable Materials, and Contractor's cost for disposal of residual from processing Recyclable Materials. Contractor shall provide documentation accordance with Section 24.1.1. to allow the City to verify the amount of the Recyclables Revenue Share Payments 3.4.10 Final Payments. Any Contractor payments due to the City after March 31, 2026, or March 31, 2031 if this Agreement is extended, shall be made on the required scheduled day (April 1"for Sections 3.4.4, 3.4.5, 3.4.6, 3.4.7, and 3.4.9, or last calendar day of the month for Section 3.4.8). Section 4. Term and Term Extensions 4.1 Effective Date. The Effective Date of this Agreement shall be the date entered on the first page of this Agreement which is the date by which Contractor and City have approved the Franchise Agreement (with all exhibits attached) and their respective authorized representatives have executed the Franchise Agreement. 4.2 Term of Agreement. The term of this Agreement shall begin on April 1, 2016 and shall expire on March 31, 2026, subject to early termination or extension as may occur pursuant to this Agreement. 4.3 Term Extension. At City's sole option, City may invite Contractor to meet, confer, and negotiate regarding one 5-Year extension to this Agreement, provided the Term has not been earlier terminated or has already been set for early termination, and Contractor is not then in material breach of the Agreement. The time period to negotiate any term extension shall commence April 1, 2023, and end no later than March 31, 2024, ("Exclusive Negotiating Period") All terms and conditions of the Agreement shall be open to negotiation, but neither Party shall be obligated to agree to an extension of the Term nor to any modification of the terms and conditions of the Agreement. In the event, the Parties have not mutually approved an agreement extending the Term by the end of the Exclusive Negotiating Period, then there shall be no further obligation to meet, confer, or negotiate with regard to such extension, and City shall have the right to conduct any solicitation process, negotiate with any other service providers, or to award or approve a contract to any other service provider or to recommence its own Integrated Page 21 of 126 Franchise Agreement Term April 1, 2016—March 31, 2026 Packet Pg. 898 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. Solid Waste Collection, Processing and Disposal Services, as it may deem appropriate in its sole and absolute discretion. 4.4 Continued Reporting. Section 23, Section 25, and Section 33 of this Agreement also require Contractor to provide services (e.g., access to landfill destination information, insurance and indemnification and an insurance policy repository) beyond the period during which collection services are to be provided pursuant to this Agreement. Section 5. Warranties and Representations Contractor warrants that it shall comply with all applicable laws, including implementing regulations, as they may be amended, specifically including, but not limited to RCRA, CERCLA, the AB 939, SB 20, AB 341, AB 1594, AB 1826, laws governing Universal Waste, including, but not limited to, Universal Waste Electronics Devices ("UWED"), non-empty aerosol cans, fluorescent tubes, high intensity discharge lamps, sodium vapor lamps, and any other lamp exhibiting a characteristic of a hazardous waste, batteries (rechargeable nickel-cadmium batteries, silver button batteries, mercury batteries, small sealed lead acid batteries [burglar alarm and emergency light batteries] alkaline batteries, carbon-zinc batteries and any other batteries which exhibit the characteristic of a hazardous waste), mercury thermometers, mercury-containing switches, regulations and orders of the California Department of Toxic Substances Control, the California Air Resources Board, CalRecycle, and their respective successor agencies, and all other applicable laws of the United States, the State of California, the County of San Bernardino, ordinances of the City, the requirements of Local Enforcement Agencies and all other agencies with jurisdiction. 5.1 Minimum Diversion Requirements. The continued privilege of Contractor to provide Integrated Solid Waste Collection, Processing and Disposal Services to City and within City's boundaries is subject to the satisfaction of each and all of the conditions set below, each of which may be waived in whole or in part by City. The Contractor must achieve all of the following Minimum Requirements. Failure to meet one or more of these requirements is a material breach of this Agreement and subject Contractor to the assessment of liquidated damages, early termination, or other remedies provided for under this Agreement. 5.1.1 Diversion Guarantee. Contractor must achieve a diversion from landfill rate of thirty-one percent (31%) by December 31, 2016; forty percent (40%) by December 31, 2020, and fifty-five percent(55%) by December 31, 2025. 5.1.2 The Maximum Permissible Customer Rates contemplates these Diversion requirements. Should the law change subsequent to the Effective Date of this Agreement and require higher Diversion rates than provided herein, then Page 22 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026 Packet Pg. 899 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. Contractor shall comply with such legally required Diversion rates and may adjust the Maximum Permissible Customer Rates as provided under Section 21.1.3(c) Adjustment Due to Change In Law." The diversion rate will be calculated as the tons of materials collected by Contractor from the provision of collection services that are sold or delivered to a Material Recovery Facility or Organic Waste Processing Facility, recycler or re-user, net of all residue, as required by this Agreement, divided by the total tons of materials collected under this Agreement by Contractor in each 12-month calendar year (January 1St — December 31S) City may also consider documented third party non-franchised recycling programs conducted within the City in determining compliance with the Minimum Diversion Requirements. In calculating the diversion rate, Contractor may include documentation of Recyclable Materials, Organics, or C&D Materials collected or backhauled by customers for delivery to an end-use market, re-seller, food bank, or processing facility. Documentation may include reports, receipts or other written materials that lists the type of materials and tonnage diverted from the customers' place of business that would otherwise have been collected by the Contractor as ether Solid Waste, Recyclable Materials, Organics, or C&D Materials. 5.1.3 Failure to Meet Minimum Requirements. Contractor's failure to meet the minimum requirements set forth in this Section 5 may result in the imposition of liquidated damages as specified in Section 30.5 or denial of an extension to this Agreement as specified in Section 4.3 and City's exercise of the remedies provided in Section 28 and Section 30.3. In determining the appropriate remedy, City will consider the efforts put forth by the Contractor in implementing the required programs to meet the minimum diversion requirements and the methods, the level of effort of the Contractor to fully implement the work plans attached to and included in this Agreement as Exhibits 5 — 8 and the City's current Per Capita rate as determined by CalRecycle. 5.1.4 Warranties and Representations. Contractor warrants and represents that it is aware of and familiar with City's waste stream, and that it has the ability to and will provide sufficient programs and services to ensure City will meet or exceed the diversion requirements as set forth in Contractor's Diversion Guarantee, as well as the diversion requirements of the Applicable Laws including, without limitation, amounts of Solid Waste to be diverted, time frames for diversion, and any other requirements) governing this Agreement (including AB 341, AB 939, AB 1594, AB 1826, SB 1016 and all amendments and related subsequent legislation), and that it shall do so without imposing any costs or fees other than those set forth in Exhibit 1 (including if new programs are implemented which are not called out herein). The programs identified herein Page 23 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026 Packet Pg. 900 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. are minimum requirements that must be met, and Contractor shall be responsible for implementing any other programs that may be necessary to achieve the forgoing. 5.1.5 Guarantee and Indemnification. Contractor warrants and guarantees that it will carry out its obligations under this Agreement in a manner consistent with Applicable Laws including specifically AB 939, AB 341, AB 1594, AB 1826 and SB 1016, and Contractor's actions will provide for the City to meet or exceed the diversion requirements (including, without limitation, amounts of Solid Waste to be diverted, time frames for diversion, and any other requirements) set forth in Contractor's Diversion Guarantee and the Applicable Laws including AB 939, AB 341, AB 1594, AB 1826, and SB 1016 and all amendments thereto. In this regard Contractor agrees that it will, in addition to any other requirement contained herein, at its sole cost and expense: a) To the extent legally permitted, defend, with counsel approved by City, indemnify, and hold harmless City and City's officials, employees, and agents from and against all fines and/or penalties and other liabilities which may be imposed by CalRecycle or any other regulatory agency if: (1) Contractor fails or refuses to timely provide information relating to its operations which is required pursuant to this Agreement or the Applicable Laws and such failure or refusal prevents or delays City from submitting reports required by the Applicable Laws including AB 939, AB 341, AB 1594, and AB 1826 in a timely manner; or (2)the source reduction and Recycling goals, diversion goals, program implementation requirements, or any other requirements of the Applicable Laws, including AB 939, AB 341, AB 1594, and AB 1826, are not met with respect to the waste stream collected under this Agreement; b) Assist City in responding to inquiries from CalRecycle or any other regulatory agency; C) Assist City in preparing for, and participating in, the CalRecycle's biannual review of City's SRRE pursuant to Public Resources Code Section 41825; d) Assist City in applying for any extension, including under Public Resources Code Section 41820, if so directed by City; e) Assist City in any hearing conducted by CalRecycle, or any other Page 24 of 126 Franchise Agreement Term April 1, 2016—March 31, 2026 Packet Pg. 901 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. regulatory agency, relating to City's compliance with the Applicable Laws including AB 939, AB 341, AB 1594, and AB 1826; f)Assist City with the development of and implement a public awareness and education program that is consistent with the City's SRRE and Household Hazardous Waste Element, as well as any related requirements of the Applicable Laws; g) Provide City with Recycling, source reduction, and other technical assistance as may be needed to comply with the Applicable Laws including AB 939, AB 341, AB, 1594, and AB 1826; h) Defend, with counsel acceptable to City, City and City's officials, employees, and agents against the imposition of fines and/or penalties, or any other liabilities, issued by CalRecycle pursuant to the Applicable Laws including AB 939, AB 341, AB 1594 and AB 1826; i)Be responsible for and pay, any fees, penalties or other costs imposed against the City by CalRecycle, and indemnify and hold harmless City from and against any fines, penalties, or other liabilities, levied against it for violation of the diversion requirements, set forth in the Applicable Laws for services provided by Contractor under the terms of this Agreement, including AB 939, AB 341, AB 1594 and AB 1826, or for violation of any other provision of the Applicable Laws, including AB 939, AB 341, AB 1594 and AB 1826, arising from or in any way related to Contractor's performance of its obligations under this Agreement. Section 6. Types and Frequency of Service 6.1 Public Health and Safety - General. In order to protect the public health and safety, arrangements made by Contractor with its Service Recipients within the City for the collection of Solid Waste shall provide for the collection of such waste generated or accumulated in Service Units within the City at least once per week, on the regular collection day, or more frequently as Contractor and its customers may agree. 6.2 Hours of Collection. Subject to the exceptions in Section 6.5, Contractor agrees that, in order to protect the quiet enjoyment of residents of the City, Contractor's Page 25 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026 Packet Pg. 902 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. collection of Solid Waste, Recyclable Material, and Organic Waste from SFD Service Units shall take place Mondays through Fridays and shall be made between the hours of 5 a.m. and 6 p.m. SFD collection may occur on Saturdays following an observed holiday. MFD and Commercial/Industrial Solid Waste, Recyclable Material, and Organic Waste collection shall take place Monday through Saturday between the hours of 5 a.m. and 6 p.m. City collection service shall be provided between the hours of 5 a.m. and 6 p.m., Monday through Saturday. The hours, days, or both of collection may be extended with the prior written consent of the City Representative. 6.2.1 Restricted Hours. The City may direct Contractor to restrict the collection hours in areas around schools and in high traffic areas during peak commute hours. When the City is conducting road overlay or slurry projects, the City reserves the right to temporarily redirect or restrict Contractor from collection in the affected areas or temporarily change the collection hours if needed. The hours of collection may be extended due to extraordinary circumstances or conditions with the prior written consent of the City Representative. 6.3 Service Units. Service Units shall include all the following categories of premises which are in the service area as of the Service Commencement Date, and all such premises which may be added to the service area by means of annexation, new construction, or as otherwise set forth in this Agreement during term of this Agreement: 6.3.1 SFD Service Units 6.3.2 MFD Service Units 6.3.3 Commercial Service Units 6.3.4 City Service Units Any question as to whether a premises falls within one of these categories shall be determined by the City Representative and the determination of the City Representative shall be final. 6.4 Service Unit Changes. City and Contractor acknowledge that during the Term of this Agreement it may be necessary or desirable to add or delete Service Units for which Contractor will provide collection services. 6.4.1 Additions and Deletions. Contractor shall provide services described in this Agreement to new Service Units within five (5) work days of receipt of notice from City or new Service Unit to begin such service. 6.5 Holiday Service. Contractor observes January 1St, Memorial Day, 4th of July, Labor Day, Thanksgiving Day, and December 25th as legal holidays. Contractor shall not provide collection service on these designated holidays. In any week in which one of Page 26 of 126 Franchise Agreement Term April 1, 2016—March 31, 2026 Packet Pg. 903 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. these holidays falls on a work day, Service Unit collection service for the holiday and each work day thereafter will be delayed one work day for the remainder of the week with normally scheduled Friday collection services being performed on Saturday. MFD, commercial and City collection service shall be adjusted as agreed between the Contractor and the Service Recipient. 6.6 Processing and Disposal. 6.6.1 Compliance with Regulations. All materials collected under this Agreement shall be delivered to facilities that comply with the Department of Resources Recycling and Recovery regulations under Title 14, Chapter 3, Minimum Standards for Solid Waste, Recyclable Material, and Organic Waste Handling and Disposal (Article 5.9 — Sections 17380-17386). Contractor, and not the City, must assure that all disposal, transfer, and processing facilities are properly permitted to receive material collected under this Agreement. Failure to comply with this provision is a material breach of the Agreement and may result in the imposition of liquidated damages as specified in Section 30.5 of this Agreement, and subject Contractor to the remedies provided in Section 28 and Section 30. 6.6.2 Permits and Approvals. Contractor must assure that all facilities selected by Contractor shall possess all permits and approvals by local enforcement agencies to be in full compliance with all regulatory agencies to conduct all operations at the approved location. Contractor shall, upon written request from the City, arrange for the facilities selected by the Contractor to provide copies of facility permits, notices of violations, inspection areas or concerns, or administrative action to correct deficiencies related to the operation. Failure to provide facility information is a material breach of this Agreement and may result in the imposition of liquidated damages as specified in Section 30.5 and subject Contractor to the remedies provided in Section 28 and Section 30. 6.6.3 Disposal Facility. Beginning on the Service Commencement Date, except as set forth below, all Solid Waste collected as a result of performing collection services shall be timely transported to a fully permitted Disposal Facility as designated by Contractor, in accordance with applicable law. In the event the Disposal Facility is closed on a work day, the Contractor shall transport and dispose of the Solid Waste at such other legally permitted disposal facility. Failure to comply with this provision is a material breach of this Agreement and may result in the imposition of liquidated damages as specified in Section 30.5 of this Agreement and may subject Contractor to the remedies provided in Section 28 and Section 30. Page 27 of 126 Franchise Agreement Term April 1, 2016—March 31, 2026 Packet Pg. 904 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. 6.6.4 Organic Waste Processing Facility. Beginning on the Service Commencement Date, Contractor shall timely deliver all collected Organic Waste to a fully permitted Organic Waste Processing Facility as designated by Contractor, in accordance with applicable law. In the event the facility is closed on a Work Day, the Contractor shall transport and deliver the Organic Waste to such other legally permitted facility. Contractor shall ensure that all Organic Waste collected pursuant to this Agreement, except residue resulting from processing, is delivered to an Organic Waste Processing Facility that operates in compliance with diversion and recycling legislation and regulations. Failure to comply with this provision is a material breach of this Agreement may result in the imposition of liquidated damages as specified in Section 30.5 of this Agreement and may subject Contractor to the remedies provided in Section 28 and Section 30. 6.6.5 Material Recovery Facility. Beginning on the Service Commencement Date all Recyclable Materials collected as a result of performing collections shall be delivered to a legally permitted Material Recovery Facility (MRF). In the event the MRF is closed on a work day, the Contractor shall transport and deliver the Recyclable Material to such other legally permitted MRF. Failure to comply with this provision may is a material breach of this Agreement and may result in the imposition of liquidated damages as specified in Section 30.5 of this Agreement and may subject Contractor to the remedies provided in Section 28 and Section 30. 6.6.6 Transformation Facilitv. At Contractor's option, Contractor may direct up to 10% of the City's total waste stream to a waste-to-energy facility for diversion purposes provided that such diversion is allowable and deemed to be diversion by CalRecycle. Contractor is not entitled to any additional compensation associated with Contractor's use of any Transformation Facility unless the City specifically directs Contractor to use a Transformation Facility. 6.6.7 Use of ADC (ADC). Contractor may utilize ADC for diversion of Green Waste provided that such diversion is allowable and deemed to be diversion by CalRecycle and higher use of Green Waste is not feasible. 6.7 Inspections. The City shall have the right to inspect the Contractor's facilities or collection vehicles and their contents at any time while operating inside or outside the City. 6.8 Commingling of Materials. 6.8.1 Source Separated Organic Waste and Recyclable Materials. Contractor shall not at any time collect source separated Organic Waste or source Page 28 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026 Packet Pg. 905 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. separated Recyclable Materials with any Solid Waste collected pursuant to this Agreement, without the express prior written authorization of the City Representative. 6.8.2 Organic Waste Recyclable Material or Solid Waste Collected in City. Contractor shall not at any time collect any Organics, Recyclable Materials, or Solid Waste collected pursuant to this Agreement, with any other material collected by Contractor outside the City without the express prior written authorization of the City Representative. 6.9 Contamination. Contractor shall only be required to collect Recyclable Materials if they have been separated by the Service recipient from Solid Waste and Organic Waste, and shall only be required to collect Organic Waste if it has been separated by the Service Recipient from Solid Waste and Recyclable Materials. If Recyclable Materials are commingled with Solid Waste or Organic Waste, or Organic Waste is commingled with Solid Waste or Recyclables, to the extent that renders the entire Recyclable Materials or Organic Waste container contaminated, then Contractor will leave the container unemptied along with a non-collection notice which contains instructions on the proper procedures for setting out Recyclable Materials or Organic Waste. The Service Recipient has the option of removing the contaminated materials and the Contractor shall collect the Recyclables Materials or Organic Waste at the next scheduled collection day for no additional charge. If, however, the Service Recipient does not remove the contaminated materials, then the Contractor shall collect the contaminated Recyclable Materials or Organic Waste as Solid Waste on the Service Recipient's next regularly scheduled Solid Waste collection day. Contractor may charge for this service at the applicable Solid Waste collection rate for the type of customer and size of container as specific in EXHIBIT 1. 6.10 Graffiti Removal 6.10.1 Graffiti Removal from Carts or Bins. If Carts or Bins have been marked or tagged with graffiti, within 48 hours of being identified by the Contractor or City, Contractor shall either remove the graffiti or replace any and all Carts or Bins that have been marked or tagged with graffiti. Contractor shall not deliver a Cart or Bin with any graffiti visible on the Cart Bin. 6.10.2 Graffiti Removal from Temporary Bins and Roll-offs. If Temporary Bins or Roll-offs have been marked or tagged with graffiti, by the next regular scheduled collection day, but no longer than seven (7) calendar days of being identified by the Contractor or City, Contractor shall either remove the graffiti or replace any and all Temporary Bins or Roll-offs that have been marked or tagged Page 29 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026 Packet Pg. 906 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. with graffiti. Contractor shall not deliver a Temporary Bin or Roll-off with any graffiti visible on the Roll-off. 6.11 Spillage and Litter. The Contractor shall use its best efforts to not litter premises in the process of providing collection service or while its vehicles are on the road. The Contractor shall transport all materials collected under the terms of this Agreement in such a manner as to prevent the spilling or blowing of such materials from a Contractor's vehicle. The Contractor shall exercise all reasonable care and diligence in providing collection service so as to prevent spilling or dropping of Solid Waste, Organic Waste, or Recyclable Materials and shall immediately, at the time of occurrence, clean up such spilled or dropped materials. 6.11.1 Carelessness of Service Recipient. The Contractor shall not be responsible for cleaning up unsanitary conditions caused by the carelessness of the Service Recipient; however, the Contractor shall clean up any material or residue that are spilled or scattered by the Contractor or its employees. 6.11.2 Liquids from Operations. Equipment oil, hydraulic fluids, spilled paint, or any other liquid or debris resulting from the Contractor's operations or equipment repair shall be covered immediately with an absorptive material and removed from the surface. When necessary, Contractor shall apply a suitable cleaning agent to the street surface to provide adequate cleaning. Contractor's vehicles shall at all times carry sufficient quantities of petroleum absorbent materials along with a broom and shovel. 6.11.3 Spillage and Litter from Operations. The above paragraphs notwithstanding, Contractor shall clean up any spillage or litter caused by Contractor within two (2) hours upon notice from the City. 6.12 Hazardous Waste. 6.12.1 Hazardous Waste. Under no circumstances shall Contractor's employees knowingly collect Hazardous Waste, or remove unsafe or poorly placed Hazardous Waste, from a collection Container. If Contractor determines that material placed in any Container for collection is Hazardous Waste, or other material that may not legally be accepted at the Disposal Facility or one of the processing facilities, or presents a hazard to Contractor's employees, the Contractor shall have the right to refuse to accept such material. The generator shall be contacted by the Contractor and requested to arrange for proper disposal service. If the generator cannot be reached immediately, the Contractor shall, before leaving the premises, leave a non-collection notice, which indicates the reason for refusing to collect the material, and how the Hazardous Waste can be properly disposed or recycled. Page 30 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026 Packet Pg. 907 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. 6.12.2 Notification of City. If Hazardous Waste is found in a collection Container that poses an imminent danger to people or property, the Contractor shall immediately notify the City Representative and the City's Public Safety (Police) Department. The Contractor shall immediately notify the City of any Hazardous Waste that has been identified. 6.12.3 Disposal. If Hazardous Waste is identified at the time of delivery to the Disposal Facility, or one of the processing facilities and the generator cannot be identified, Contractor shall be solely responsible for handling and arranging transport and disposition of the Hazardous Waste. 6.13 Regulations and Record Keeping. Contractor shall comply with emergency notification procedures required by applicable laws and regulatory requirements. All records required by regulations shall be maintained at the Contractor's facility. These records shall include waste manifests, waste inventories, waste characterization records, inspection records, incident reports, and training records. 6.14 Transition. Contractor understands and agrees that the Transition Period is intended to provide the Contractor with ample and sufficient time to, among other things, order equipment, prepare necessary routing schedules and route maps, obtain any permits and licenses, establish/build facilities, and begin the public awareness campaign as part of the Contractor's transition program as specified in Exhibit 5 which is attached to and included in this Agreement. Contractor shall be responsible for the provision of all collection services beginning on the Service Commencement Date. Section 7. SFD Collection Service In addition to the general requirements in Section 6, these services shall be governed by the following terms and conditions: 7.1 Conditions of Service. The Contractor shall provide SFD collection service to all SFD Service Units whose Solid Waste, Organics, or Recyclable Materials are properly placed in Carts, except as set forth in Section 7.8, Contractor shall offer Solid Waste Carts in 64 and 96-gallon sizes, and Recyclables Materials and Organic Waste Carts in 64 or 96-gallon sizes. 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 Roll-offs in sizes as allowable under this Agreement. 7.2 Collection Service. SFD collection shall be done where Solid Waste, Recyclable Materials, and Organic Waste Carts are placed within two (2) feet of the curb, swale, or at edge of street pavement for streets without curbs. This shall apply to Page 31 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026 Packet Pg. 908 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. both public and private streets. Contractor may charge for collection at the rates as set forth in Exhibit 1. 7.2.1 On-Premise Collection Service — Physical Disability. A SFD Service Recipient, and all other adults living at the Service Unit residing therein, who have disabilities that prevent him/her from being physically unable to place Carts at the curb for collection shall receive on-premise collection service where all Carts are collected from a side-yard, backyard, or other off-street location agreed on between the Contractor and the Service Recipient. Contractor shall provide this service at the collection rates as set forth in Exhibit 1. 7.3 Frequency and Scheduling of Service. SFD Solid Waste, Recyclable Materials and Organic Waste shall be provided one (1) time per week on a scheduled route basis. SFD collection services shall be scheduled so that a SFD Service Unit receives SFD Solid Waste collection service and SFD Recyclable Materials collection service, and SFD Organic Waste collection service on the same Work Day. 7.4 Non-collection. Contractor shall not be required to collect any Solid Waste, Recyclable Material, or Organic Waste that is not placed in a Cart. In the event of non- collection, Contractor shall affix to the Cart a non-collection notice explaining why collection was not made. Contractor shall maintain a copy of such notices during the term of this Agreement. 7.5 SFD Solid Waste Collection Service. This service will be governed by the additional following terms and conditions: 7.5.1 Additional Carts. Contractor shall provide additional Carts to SFD Service Recipients within five (5) working days of request at rates per Exhibit 1, provided that additional Carts are used by Service Recipients for the purposes of setting out additional Solid Waste Materials for regular Solid Waste Material collection service. 7.5.2 Solid Waste - Changes to Work. Should changes in law arise that necessitate any additions or deletions to the work described herein including the type of items included as Solid Waste Materials, the parties shall negotiate any necessary cost changes and shall enter into an Agreement amendment covering such modifications to the work to be performed and the compensation to be paid before undertaking any changes or revisions to such work. 7.6 SFD Recyclable Materials Collection Service. This service will be governed by the additional following terms and conditions: 7.6.1 Additional Carts. Contractor shall provide additional Carts to SFD Service Recipients within five (5) working days of request at no additional cost provided Page 32 of 126 Franchise Agreement Term April 1, 2016—March 31, 2026 Packet Pg. 909 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. that additional Carts are used by Service Recipients for the purposes of setting out additional Recyclable Materials for regular Recyclable Material collection service. 7.6.2 Recycling - Changes to Work. Should changes in law arise that necessitate any additions or deletions to the work described herein including the type of items included as Recyclable Materials, the parties shall negotiate any necessary cost changes and shall enter into an Agreement amendment covering such modifications to the work to be performed and the compensation to be paid before undertaking any changes or revisions to such work. 7.7 SFD Organic Waste Collection Service. In addition to the requirements of Section 6, this service will be governed by the following terms and conditions: 7.7.1 Organic Waste Processing Services. Contractor shall ensure that all Organic Waste collected pursuant to this Agreement are diverted from the landfill in accordance with AB 939 and any subsequent or other applicable legislation and regulations. Contractor reserves the right to dispose, rather than divert, any Organic Waste that is contaminated to an extent it is not suitable for processing. 7.7.2 Organic Waste Disposal. Contractor shall ensure that the Organic Waste collected pursuant to this Agreement is not disposed of in a landfill, except as a residue resulting from processing. For purposes of this Agreement, the application of Organic Waste as Alternative Daily Cover ("ADC') shall not constitute disposal, so long as, it is applied in accordance with standards adopted by the State of California and is allowable under AB 1594. 7.7.3 Additional Organic Waste Carts. Contractor shall provide additional SFD Organic Waste Carts to SFD Service Recipients within five (5) working days of request. Contractor shall be compensated for the cost of additional Organic Waste Carts in accordance with the "Additional Organic Waste Cart" Service Rate as set forth in Exhibit 1 or as may be adjusted under the terms of this Agreement. 7.7.4 Holiday Tree Collection Service. Contractor shall collect Holiday Trees from all SFD Service Units as part of the SFD Organic Waste collection services. Contractor shall provide this service beginning on the first work day after December 25 until the end of the second collection week in January, or dates approved by the City. a) Contaminated Holiday Trees. Holiday trees that are flocked contain tinsel or other decorations or that do not have their stands removed may be delivered to the Disposal Facility at the discretion of the Contractor. Page 33 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026 Packet Pg. 910 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. b) Trees must be no taller than six (6) feet in length. Trees taller than six (6) feet in length must be cut in half for safe collection. 7.7.5 SFD Food Waste Collection Service. At such time as State Law mandates a separate residential Food Waste Program, Contractor and City shall negotiate the specific program requirements and costs to implement such Food Waste Program. 7.7.6 Non-collection. Contractor shall not be required to collect any Organic Waste that is mixed with either Solid Waste, or Recyclable Materials. In the event of non-collection, Contractor shall affix to the Organic Waste Cart a non- collection notice explaining why collection was not made. Contractor shall maintain a copy of such notices during the term of this Agreement. 7.8 On-Call Bulky Waste Collection Service. This service will be governed by the following terms and conditions: 7.8.1 Conditions of Service. The Contractor shall provide On-Call SFD Bulky Waste collection service to all SFD Service Units in the service area whose Bulky Waste have been placed within two (2) feet of the curb, swale, paved surface of the public or private roadway, closest accessible roadway, or other such location agreed to by the Contractor and Service Recipient, that will provide safe and efficient accessibility to the Contractor's collection crew and vehicle. Each SFD Service Unit in the service area shall be entitled to receive free Bulky Waste collection service a maximum of two (2) collection times per calendar year, five 5) items per collection such as a TV, couch, or water heater. Automobile tires will be limited to two (2) tires per collection request. In accordance with the Special Collection" service rate as set in Exhibit 1, Contractor shall be compensated for the cost of collecting Bulky Waste in excess of two (2) Bulky Waste collections per year, or more than five (5) items per collection during any single Bulky Waste collection. 7.8.2 Frequency of Service. SFD Service Recipients must call at least forty- eight (48) hours in advance to schedule SFD Bulky Waste collection service. Collection will occur on customer's next scheduled service collection day. 7.8.3 Bulky Waste Containing Freon. In the event Contractor collects Bulky Waste that contains Freon, Contractor shall handle such Bulky Waste in a manner such that the Bulky Waste is not subject to regulation as Hazardous Waste under applicable state and federal laws or regulations. 7.9 SFD Temporary Collection Service. Upon forty-eight (48) hours request by a SFD Service Unit, Contractor shall provide a 3 cubic yard Bin or Roll-off at the Service Unit. Such SFD temporary collection service shall be on a temporary basis not to Page 34 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026 Packet Pg. 911 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. exceed seven (7) days without collection, emptying, and replacement of the Bin or Roll- off. 7.9.1 Bins or Roll-offs shall be transported by Contractor to an approved processing facility to achieve maximum diversion. 7.9.2 Charges for temporary Bins Roll-offs shall be in accordance with Exhibit 1 of this Agreement. 7.9.3 The Contractor shall provide SFD temporary collection services with as little disturbance as possible and shall leave any Bins or Roll-off at a location without obstructing alleys, roadways, driveways, sidewalks, or mail boxes. Contractor shall only place Bins or Roll-offs in strict adherence with the City's right-of-way requirements and Municipal Code. Section 8. MFD Collection Services 8.1 MFD collection services for MFD premises utilizing Carts will be governed by all conditions of service as specified in Section 7 of this Agreement and those MFD premises utilizing Bins or Roll-offs will be governed by all conditions of service as specified in Section 8.4 and Section 9 of this agreement. Contractor may charge for collection at the rates as set forth in Exhibit 1. In addition, the following additional services shall apply: 8.2 MFD Organic Waste Collection Service. For MFD Service Units utilizing Bins or Roll-offs for collection, Contractor shall implement any required MFD Organic Waste Program in accordance with the schedule established under AB 1826. 8.3 On-Call MFD Bulky Waste Collection Service. The Contractor shall provide on-call MFD Bulky Waste collection service to all MFD Service Units in the service area whose Bulky Waste have been placed within five (5) feet of the curb, swale, paved surface of the public or private roadway, closest accessible roadway, or other such location agreed to by the Contractor and Service Recipient or property manager, that will provide safe and efficient accessibility to the Contractor's collection crew and vehicle. In accordance with the "Bulky Waste Collection" service rate as set in Exhibit 1, Contractor shall be compensated for the cost of collecting MFD Bulky Waste. 8.4 MFD Temporary Collection Service. Upon forty-eight (48) hours request by a MFD Service Unit, Contractor shall provide a 3 cubic yard Bin or Roll-off at the Service Unit. Such MFD temporary collection service shall be on a temporary basis not to exceed seven (7) days without collection, emptying, and replacement of the Bin or Roll- off. Page 35 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026 Packet Pg. 912 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. 8.4.1 Bins or Roll-offs shall be transported by Contractor to an approved processing facility to achieve maximum diversion. 8.4.2 Charges for temporary Bins Roll-offs shall be in accordance with Exhibit 1 of this Agreement. 8.4.3 The Contractor shall provide MFD temporary collection services with as little disturbance as possible and shall leave any Bins or Roll-off at a location without obstructing alleys, roadways, driveways, sidewalks, or mail boxes. Contractor shall only place Bins or Roll-offs in strict adherence with the City's right-of-way requirements and Municipal Code. Section 9. Commercial Collection Service 9.1 Conditions of Service. The Contractor shall provide commercial Solid Waste collection service, commercial Recyclable Material collection service, Commercial Organic Waste collection service, and Commercial Roll-off collection service to all Commercial Service Units in the service area pursuant to the requirements of Section 6 and this Section 9. Contractor may charge for collection at the rates as set forth in Exhibit 1. For new customers, and any change in service, Contractor shall have a written service agreement with each Commercial Service Unit that specifies the services to be provided and the Maximum Permitted Rates to be charged for the agreed on services. The service agreement shall reflect any change in services as requested by the Commercial Service Unit. 9.1.1 Required Container Sizes. Contractor shall offer Solid Waste Carts in 64 and 96-gallon cart sizes, and Recyclable Materials and Organic Waste Carts in 64 or 96-gallon cart sizes. Contractor shall offer Bins in 2, 3, 4, and 6 cubic yard sizes. Contractor shall offer Roll-offs in 10, 20, and 40 cubic yard sizes. 9.1.2 Required Capacity. Contractor shall provide commercial Recyclable Materials collection service to all Commercial Service Units in the service area, and Commercial Organic Waste collection service provided upon subscription at the rates as set forth in Exhibit 1. For each Service Unit, Contractor shall offer a minimum capacity of commercial Recyclable Material collection as requested by the Service Recipient. The maximum capacity offered shall be measured as the total cubic yards collected weekly for commercial Solid Waste collection service. 9.1.3 Accessibility. Contractor shall collect all Containers that are readily accessible to the Contractor's crew and vehicles and not blocked. However, Contractor shall provide "pull-out services" as necessary during the provision of commercial collection services. Pull-out services shall include, but not be limited to moving manually or by a specialized "scout" truck the Containers from their Page 36 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026 Packet Pg. 913 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. storage location for collection and returning the Containers to their storage location and will be charged as outlined in Exhibit 1. 9.1.4 Manner of Collection. The Contractor shall provide commercial collection service with as little disturbance as possible and shall leave any Container at the same point it was originally located without obstructing alleys, roadways, driveways, sidewalks or mail boxes. 9.1.5 Size and Frequency. The size of the Container and the frequency above the minimum) of collection shall be determined between the Service Recipient and the Contractor provided it meets the City's development and permitting requirements. However, the size and frequency shall be sufficient to provide that no Solid Waste, Recyclable Material, or Organic Waste need be placed outside the Container. Commercial collection service shall be provided as deemed necessary and as determined between the Contractor and the customer, but such service shall be received no less than one (1) time per week with no exception for holiday(s) as set forth herein, except that collection service scheduled to fall on a holiday may be rescheduled as determined between the customer and the Contractor as long as the minimum frequency requirement is met. Service may be provided by Bin, Cart or Roll-off at the option of the customer. The Contractor shall provide Solid Waste, Organics Waste, or Recyclable Materials Containers as part of the commercial collection service rates set forth in Exhibit 1; however, customers may own their compactor provided that the customer is completely responsible for its proper maintenance and such compactor shall be of a type that can be serviced by the Contractor's equipment. 9.2 Commercial Solid Waste Collection Service. This service shall be governed by the following additional terms and conditions: 9.2.1 Commercial Solid Waste Overflow. Where Contractor identifies instances of overfilling of Container, it will document the overfilling through verbal or written reports and/or digital photography. Contractor will meet with the customer to review evidence of the overfilling of containers. Where such evidence was presented to the commercial/industrial account and Contractor documents another instance of overfilling within one (1) month of such presentation, Contractor is authorized to charge an overage fee as outlined on Exhibit 1. In addition, Contractor will contact the customer to discuss the option of delivering a next larger-sized Container to the commercial/industrial premises. 9.2.2 Non-collection. Contractor shall not be required to collect any commercial Solid Waste that is not placed in a Cart, Bin, or Roll-off. In the event of non- Page 37 of 126 Franchise Agreement Term April 1, 2016—March 31, 2026 Packet Pg. 914 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. collection or material overflow, Contractor shall affix to Cart, Bin, or Roll-off a non-collection notice explaining why collection was not made. 9.3 Commercial Recyclable Material Collection Service. This service will be governed by the following terms and conditions: 9.3.1 Additional Bins or Carts. Contractor shall provide additional Cart, Bin, or Roll-off to commercial Service Recipients within five (5) working days of request provided that additional Bins and Carts are used by commercial Service Recipients for the purposes of setting out additional Recyclable Materials for regular weekly Recyclable Materials collection service. Contractor may charge for additional Bins or Carts in accordance with EXHIBIT 1. 9.3.2 Recycling - Chancres to Work. Should changes in law arise that necessitate any additions or deletions to the work described herein including the type of items included as Recyclable Materials, the parties shall negotiate any necessary cost changes and shall enter into an Agreement amendment covering such modifications to the work to be performed and the compensation to be paid before undertaking any changes or revisions to such work. 9.4 Commercial Organic Waste Collection Service. This service shall be provided on a customer subscription basis and will be governed by the following terms and conditions: 9.4.1 Conditions of Service. In accordance with the schedule established under AB 1826, 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. 9.4.2 Commercial Organic Waste - Changes to Work. Should changes in law arise that necessitate any additions or deletions to the work described herein including the types of items included as Organic Waste, the parties shall negotiate any necessary cost changes and shall enter into an Agreement amendment covering such modifications to the work to be performed and the compensation to be paid. 9.5 Commercial Roll-off Collection Service. Upon request of a Commercial Service Unit, Contractor shall provide a commercial Roll-off collection service on a temporary basis or permanent basis. Page 38 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026 Packet Pg. 915 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. 9.5.1 Roll-offs shall be transported by Contractor to an approved processing facility to achieve maximum diversion. 9.5.2 Charges for Roll-offs shall be in accordance with Exhibit 1 of this Agreement. 9.5.3 The Contractor shall provide commercial Roll-off collection services without obstructing alleys, roadways, driveways, sidewalks, or mail boxes. Contractor shall only place Roll-offs in strict adherence with the City's right-of- way requirements and Municipal Code. Section 10. Collection Service for City Service Units 10.1 General. Contractor shall provide Solid Waste, Recyclable Material, and Organic Waste collection services, and Roll-off collection service to City Service Units as deemed necessary and as determined between the Contractor and the City, but such service shall be received no less than one (1) time per week. Contractor Service may be provided by Bin, Cart or Roll-off at the option of the City. Contractor shall offer Solid Waste Carts in 64 and 96-gallon cart sizes and Bins in 2, 3, 4, and 6 cubic yard sizes, and Recyclables Materials and Organic Waste Carts in 64 and 96-gallon cart sizes and Bins in 2, 3, 4, and 6 cubic yard sizes. Contractor shall offer Roll-offs in 10, 20, and 40 cubic yard sizes. The size of the Container and the frequency (above the minimum) of collection shall be determined between the City and the Contractor. However, size and frequency shall be sufficient to provide that no Solid Waste, Recyclable Materials, or Organic Waste needs to be placed outside the Container. City Service Units are listed in Exhibit 2. Contractor shall not charge for collection of Solid Waste, Recyclable Materials or Organic Waste generated within the normal course of business. 10.2 Public Containers Collection. Contractor shall provide collection, transportation and disposal or processing service to those public Solid Waste, Organic Waste or Recycling Containers in place or placed by the City, or as designated by the City, and other City properties during the term of this Agreement. Frequency of collection shall be a maximum of six(6) days per week per Container. 10.3 Accessibility. Contractor shall collect all Carts, Bins and Roll-offs that are readily accessible to the Contractor's crew and vehicles and not blocked. However, Contractor shall provide "pull-out services" as necessary during the provision of City collection services. Pull-out services shall include, but not be limited to, dismounting from the collection vehicle, moving the Bins or Carts from their enclosure location for collection and returning the Bins or Carts to their enclosure location. 10.4 Contractor Additional Services. Contractor will provide the following additional services at no cost to the City: Page 39 of 126 Franchise Agreement Term April 1, 2016—March 31, 2026 Packet Pg. 916 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. 10.4.1 City Sponsored Events. Contractor shall provide collections services at City-sponsored events as requested by City. Such services shall be provided in such a manner that all collection, processing and disposal needs for the event are adequately and properly provided for by Contractor. City Sponsored Events are set forth on Exhibit 4, attached to and included in this Agreement. Contractor agrees to establish a program under which it will donate free or reduced cost services as a gesture of corporate good will to charitable or other non-profit community groups for events sponsored by such groups within the City's boundaries. 10.4.2 Neighborhood Watch Program. Contractor shall implement a neighborhood watch program in cooperation with the City Representative and City's Police Chief. The purpose of the program is to enhance the standard of living in City's neighborhoods by utilizing Contractor's drivers and supervisors to keep a watchful eye out for flagged activities or circumstances. Contractor will work with City to identify preferred reporting methodologies as well as the identification of certain problem areas or flagged actives or circumstances. Contractor will train drivers on how to safely report potential incidents of crime, vandalism or child safety. 10.4.3 Local Purchase Preference Program. Contractor shall make good faith efforts to purchase goods and services from businesses located within City's boundaries ("San Bernardino Business") that are reasonably cost effectively able to supply parts, services or support to Contractor in performing its obligations under this Agreement. 10.5 Community Development Department Reviews. Contractor, upon City's request, shall assist the City in the review of applicants' plans for projects covered by Public Resources Code § 42911, including commercial and multi-family projects, to provide for effective and economical accumulation and collection of Organic Waste, Recyclable Materials and Solid Waste. 10.6 Enforcement. Contractor and City will take reasonable measures, including, but not limited to, legal actions (e.g., actions seeking to enjoin scavengers) to discourage Scavenging of Recyclable Materials from the Solid Waste, Recyclable Material, and Organic Waste Stream. Contractor agrees to assist the City to further develop or implement Anti-Scavenging Ordinances, Construction & Demolition Ordinances, and Mandatory Commercial and Multi-Family Recycling Ordinances to assist in meeting CalRecycle diversion program requirements, maximize the Exclusive Franchise provisions of this agreement, and to deter illegal hauling from occurring in the City. Page 40 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026 Packet Pg. 917 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. Section 11. Street Sweeping 11.1 Street Sweeping Services. Beginning on the Service Commencement Date, and continuing until the expiration or termination of this Agreement, Contractor or Contractor's subcontractor as listed in Exhibit 11, shall provide street sweeping services at no additional cost in accordance with the terms and conditions of this Agreement. 11.2 Manner of Service. Contractor shall provide a complete sweep of all publicly maintained City Streets. Within any curb mile, Contractor shall be responsible for sweeping all curbs including median islands and the corners from any cross street intersecting the subject street. Contractor shall obey all laws governing the operation of the sweepers on a public street, and shall perform its operations so that sweepers are traversing their routes in the normal direction of traffic. 11.3 Water. Contractor may obtain water from City designed facilities at rates set by the City for the water necessary in the street sweeping operation within City. Alternatively, Contractor may make arrangements to obtain water from other water purveyors within the area at Contractor's sole cost and expense. To the extent possible, Contractor shall use reclaimed or recycled water. 11.4 Sweeper Speed. Contractor shall operate the sweepers at a speed of not more than six (6) miles per hour when sweeping or when the sweeper brooms are down, unless Contractor can demonstrate that the sweeper can operate efficiently and safely at a higher speed. City will use NPDES Permits requirements, Environmental Protection Agency information, generally accepted industry standards, and the sweeper manufacturer's recommendation on the speed of sweepers when considering speeds greater than six (6) miles per hour. 11.5 Width of Sweeper Path. Contractor shall sweep a path, with all brooms down, with a width of not less than eight (8) feet unless parked vehicles, structures, or other objects prohibit the safe sweeping of this path width. The path shall begin at the face of the curb, and include the flow line of the gutter. Unless blocked by parked cars or Containers the face of the curb and gutter shall always be included within the sweeper path. On those residential streets with no curb, the width of the sweeper path shall be not less than eight (8) feet measured from the edge of the pavement toward the center of the street. 11.6 Noise. To protect peace and quiet in service areas, the noise level generated by street sweepers during normal sweeping shall not exceed a single-event noise level of eighty-five (85) decibels (dBA) at a distance of twenty-five (25) feet from the street sweeper measured at an elevation of five (5) feet above ground level. Contractor shall, upon request, submit to City a certificate of vehicle noise level testing by an independent Page 41 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026 Packet Pg. 918 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. testing entity of any street sweepers used by Contractor in the City, which has been the subject of more than one noise complaint within any twelve-month period. 11.7 Global Positioning Systems (GPS). Contractor shall provide street sweeping vehicles with fully functioning on-board GPS systems. 11.8 Frequency and Day of Service. 11.8.1 Residential Streets. Contractor shall provide street sweeping service for each curb mile of residential streets in the City twice per month on a scheduled route basis. However, in those instances where the scheduled street sweeping service day falls on a holiday, Contractor shall provide street sweeping services on the following work day. 11.8.2 Maior Arterial Streets. Contractor shall provide street sweeping service for each curb mile of major arterial streets in the City twice per month on a scheduled route basis. However, in those instances where the scheduled street sweeping service day falls on a holiday, Contractor shall provide street sweeping services on the following work day. 11.8.3 Downtown Area Streets. Contractor shall provide street sweeping service for each curb mile of the downtown area streets in the City twice per month on a scheduled route basis. However, in those instances where the scheduled street sweeping service day falls on a holiday, Contractor shall provide street sweeping services on the following work day. 11.8.4 City Owned Parks Parkinq Lots. Contractor shall provide street sweeping service for each City owned parks parking lots in the City once monthly on a scheduled route basis. Parks parking lots shall be swept on the same day of the month that routine sweeping of the adjoining residential neighborhood takes place. However, in those instances where the scheduled street sweeping service day falls on a holiday, Contractor shall provide street sweeping services on the following work day. 11.9 Hours of Service. Contractor shall provide street sweeping service on major arterial streets commencing no earlier than 4:00 a.m. and terminating no later than 7:00 p.m., Monday through Friday with no service on Saturday (except for holiday service as set forth in Section 6.5 of this Agreement in which case normal sweeping hours may be utilized or as set forth in this Section) or Sunday. The hours, days, or both of service may be extended due to extraordinary circumstances or conditions with the prior verbal consent of the City Representative. Sweeping in residential areas shall be coordinated with collection services to ensure that sweeping occurs after collection of all Carts has been completed on a specific street. Page 42 of 126 Franchise Agreement Term April 1, 2016—March 31, 2026 Packet Pg. 919 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. 11.10 Street Changes. City and Contractor acknowledge that during the term of this Agreement it may be necessary or desirable to add or delete City streets for which Contractor will provide street sweeping service. City will provide notification of changes to Contractor through the customer service system. Conditions which may cause the City Representative to order a street or an area to be bypassed temporarily include the following: 11.10.1 Construction or development on or along a street. 11.10.2 Pavement maintenance activities, including the chip seal program or the slurry seal program. 11.10.3 Inclement weather when running water is in the gutter or street such that sweeping is ineffective. 11.10.4 Special sweeping on alternative schedule. 11.10.5 Consistent non-compliance of citizens to remove parked cars during sweep days. 11.10.6 Other legitimate reasons that make sweeping impractical as determined by the City Representative. 11.11 Street Additions. As new streets are constructed and accepted by City, City may, at City's sole option, designate such streets as part of the service area for the purposes of street sweeping service. If the City Representative designates such streets as part of the service area (after final cap has been laid down) Contractor shall provide street sweeping service on such streets under the terms and conditions of this Agreement within fifteen (15) work days of receipt of notice from the City Representative to begin service. 11.12 Street Deletions. City may require some City streets to be temporarily or permanently removed from the list of scheduled streets for which Contractor provides street sweeping service under this Agreement. Contractor shall immediately cease providing street sweeping service to any City street upon receipt of notice from the City Representative to stop such service. When a City street has been temporarily removed from the list of scheduled streets, Contractor shall resume street sweeping service on such street in the next regularly scheduled cycle following notification from the City Representative that normal street conditions exist in order to resume service. 11.13 Revised Maps. Contractor shall revise the street sweeping service route maps to show the addition or deletion of City streets as provided above and shall provide such revised maps to the City Representative as requested. The maps shall be provided in a format that can be posted to the City website. Page 43 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026 Packet Pg. 920 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. 11.14 Temporary Changes in Sweeping Schedule. In the event that the City Representative notifies Contractor not to sweep on a temporary basis, no liquidated damages will be assessed for failure to sweep such streets. The City Representative shall notify Contractor of the temporary suspension of service at least one day prior to the scheduled sweep, except that in the case where the reason for not performing service is because of inclement weather, the City Representative may notify Contractor at any time. 11.15 Parking Restrictions. The City shall also notify Contractor of any streets when permit parking may impact scheduled street sweeping service. Contractor may be required to adjust sweeping schedule to sweep prior to the parking permit hours' restrictions. 11.16 Signage. Should the City change street sweeping days, or add street sweeping signage Contractor shall be responsible for the cost and installation of any such modified or new signs as directed by the City. 11.17 Hazardous Waste. Contractor shall not be required to remove any Hazardous Waste from the street surface. If in the course of performing street sweeping services, any suspected Hazardous Wastes are encountered, Contractor shall immediately report the location to the San Bernardino Fire Department or any other responsible agency and to the City Representative. 11.18 Disposal of Sweeper Waste. Contractor shall transport and deliver all sweeper waste and debris collected as a result of performing street sweeping services to a facility as listed in Exhibit 3. 11.19 Spillage. During hauling, all sweep waste shall be contained, covered or enclosed so that leaking, spilling and blowing of the sweep waste is prevented. Contractor shall be responsible for the immediate cleanup of any spillage caused by Contractor. 11.20 Street Sweeping Service Routes. Within ten (10) days of the Effective Date of this Agreement, City shall provide Contractor with a street sweeping database for use in developing routes and maps. Contractor shall develop the routes and maps using this data. Within thirty (30) days of receiving City provided route maps, Contractor shall submit to the City Representative, service area maps, precisely defining the sweeper routes for review and approval by the City Representative. The route maps shall include the days of the month sweeping shall occur, the portions of the City to be swept, and any special needs such as early starts, and late finishes. The City Representative may provide written comments on the preliminary maps to Contractor no later than ten (10) work days after receipt of the maps from Contractor. Contractor shall revise the maps to reflect such comments and return them to the City Representative within ten (10) work Page 44 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026 Packet Pg. 921 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. days after receipt of the City Representative's comments for City corroboration. Upon approval by the City Representative of the final sweeper route maps, Contractor shall develop and maintain the sweeping routes on a computerized mapping system that is compatible with City's mapping system to the extent possible. Street sweeping maps provided to the City shall be in a format that is suitable for posting to the City website. 11.21 Addition or Deletion of City Streets. Changes in maps due to addition and deletion of certain City streets shall be provided by City, and Contractor shall update the maps in Contractor's system every month. Such changes shall also be reflected in Contractor's printed route maps. 11.22 Service Route Changes. Contractor shall submit to the City Representative, in writing, any proposed route change (including maps thereof) not less than forty-five (45) calendar days prior to the proposed date of implementation. The City Representative may provide written comments to Contractor on such proposed change no later than ten 10) work days after receipt of the proposal from Contractor, and Contractor shall revise the routes to reflect such comments and return them to the City Representative within ten (10) work days of receipt of such comments, for City corroboration. Contractor shall not implement any route changes without the prior approval of the City Representative. If the approved route change will change the day on which street sweeping service will occur, Contractor shall notify the affected Service Recipients of route changes not less than ten (10) work days before the proposed date of implementation in a manner approved by the City Representative. 11.23 Other City Street Sweeping Service. If during the Term of this Agreement, circumstances exist which require work associated with the street sweeping service program that are not specifically provided for in this Agreement, the City Representative may require Contractor to perform such other associated work (OAW). When Contractor performs OAW, the labor, materials, and equipment used in the performance of such work shall be subject to the prior written approval of the City Representative and charged at an amount agreed to between the City and Contractor. Examples of OAW that Contractor may be required to perform include: flood clean-up and, construction clean up services caused private contractors, City requested clean-up services and any contingency where sweeper and supporting sweeper equipment could assist in a particular instance. 11.24 Street Sweeping Quality of Work. The standards of performance, which Contractor is obligated to meet, are those good street sweeping practices, which leave the serviced area in a debris and dirt free condition. Page 45 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026 Packet Pg. 922 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. Section 12. Right-of-Way Clean-Up Service 12.1 Approach. Contractor will perform a proactive and comprehensive Right-of-Way Clean-Up Services at a high level of cleanliness at the gateway entry points of the City, Downtown and Civic Center District as well as other designated areas identified by the City. 12.1.1 Contractor's Right-of-Way Clean-Up Services will consist of seven (7) components: a) Removal of litter, vegetation and accumulated roll-off from City gateways, alleys, major thoroughfares (including center islands and landscape medians), and the Downtown District; b) Removal of memorials C) Removal of waste generated at homeless/transient encampments; d) Shopping cart, and tire removal; e) Storm channel and storm drain cleaning; f)Metrolink clean-up; and, g) Warrant abatements, vacant lot clean-ups and illegal dumping clean-ups. 12.2 Personnel. Contractor will deploy ten (10) maintenance workers and one (1) maintenance supervisor fulltime to perform Right-of-Way Clean-Up Services. The workweek of the Right-of-Way Clean-Up crewmembers will be assigned so as to provide coverage from 6:00 AM to 6:00 PM, Monday through Friday and 6:00 AM to 2:00 PM on Saturdays. 12.3 Equipment. At a minimum, Contractor will perform this work with no less than four (4) vehicles, each equipped with a two-way radio, a flashing arrow sign (FAS), ten 10) 28-inch orange cones with reflective bands, two (2) "Roadwork Ahead" signs, each equipped with a caution light, and necessary commercial hand tools, including but not limited to, clippers, hand saws, chainsaw, rakes, brooms, shovels, pitch forks, weed eaters and personal safety equipment consisting of reflective garments, protective chainsaw chaps, gloves, helmets and eye and ear protection. 12.4 City Work Orders. Contractor will respond to the City's written Work Orders for Right-of-Way Clean-Up Services within two (2) business days. Emergency notifications Page 46 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026 Packet Pg. 923 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. may be directed to Contractor's division office, which shall then dispatch Contractor's Right-of-Way Maintenance Supervisor to the scene for assessment and resolution. 12.5 Diversion. To the extent practical, Contractor will divert from disposal the materials collected. 12.6 Compensation. Work for components (a) through (f) will be performed at no additional cost to the City. Work for component (g) will be performed in response to a duly noticed code enforcement action with the expectation that the property owner will bear the cost of the service and that if payment is not made, the City will process the collection as a debt utilizing the County tax bill lien procedure available to it with compensation due to Contractor when collected by the City. 12.7 Scope of Services for Right-of-Way Clean-Ups 12.7.1 Routine Patrol. Contractor's Right-of-Way maintenance crews will complete routine patrols removing all litter, vegetation and accumulated debris from: a) City gateway entry points and the Downtown and Civic Center District, once weekly; and, b) Assigned Right-of-Way routes for major thoroughfares, center islands and landscaped medians from the centerline of the roadway in both directions to ten (10) feet off of the road edge, once every twenty (20) business days; and C) Any public alley from the centerline in both directions to the property line as determined by fences, landscaping, changes in surface material, or line of sight once every twenty (20) business days. 12.7.2 Removal of Memorials. Within two (2) business days following written notification from City, Contractor will remove and dispose of memorials, which shall include but not be limited to trash, bedding and personal effects. 12.7.3 Removal of Homeless Encampments. Subject to the following provisions, within two (2) business days following written notification from the City, Contractor will remove and dispose of materials from homeless or transient encampments, which shall include but not be limited to trash, bedding and personal effects. In each such case, City will make its Police force available to Contractor to coordinate the removal of such materials in a lawful manner and in a manner, which ensures the safety of Contactor's employees. City will be responsible for complying with all applicable laws related to the removal of such Page 47 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026 Packet Pg. 924 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. materials. In addition, City agrees to indemnify, defend, protect and hold harmless Contractor, its officers, employees and assigns from and against all losses, liabilities, claims, actual damages (including but not limited to special and consequential damages) 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 enforcing this indemnity) of any kind whatsoever paid, incurred or suffered by, or asserted against, Contractor or its officers, employees or agents arising from or attributable to any act or omission of City or Contractor or Contractor's officers, employees or agents in the removal of such materials, and/or any failure to fully comply with all applicable laws in connection with the same. 12.7.4 Shopping Cart Removal. Contractor's Right-of-Way Maintenance Crews shall remove shopping carts as a part of its routine patrol and upon the direction of the City. Contractor will transport shopping carts to its facility and will attempt to contact the retail outlet from which shopping carts bearing identification originated. Retail outlets will be given five (5) business days after notification to retrieve their shopping carts subject to a recovery costs of $25.00 per shopping cart. Unclaimed shopping carts will be recycled. 12.7.5 Storm Channels and Storm Drains. Storm channels identified in a listing to be provided by City will be cleaned once annually not later than September 1st. Storm drains and drain easements identified in a listing to be provided and maintained by the City will be cleaned once annually between October 1st and December 1 st. 12.7.6 Metrolink. The Contractor Right-of-Way maintenance crew will visit the Metrolink Station located at 1204 W. 3rd Street once each week to remove litter and accumulated debris from the grounds and parking lot. Twice annually, the Contractor Right-of-Way maintenance crew will patrol the Metrolink rail line within the City in coordination with Metrolink maintenance services. 12.7.7 Warrant Abatements, Vacant Lot Clean-Ups, Illegal Dumping Clean-Ups. Within two (2) business days of receipt of a written order of the City's code enforcement officer delivered by the City's Contract Administrator, the Contractor Right-of-Way maintenance crew will respond to perform clean-up on private property as part of an enforcement action. Contractor will maintain a record of hours worked, personnel and equipment utilized, and disposal expenses and shall issue a bill to the City for the services performed. The City shall follow its usual collection procedures, which may include causing a lien to be assessed against the property on the County property tax bill. The City will then compensate Contractor when the City collects payment. Page 48 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026 Packet Pg. 925 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. 12.8 Exceptions. Hazardous or toxic substances, motor vehicles, motor vehicle parts and objects larger than seven (7)feet in length or weighing more than two hundred (200) pounds are excluded from the Scope of Services for Right-of-Way Clean-Up. 12.9 Lease of Contractor's Vehicles. Contractor agrees that after the Service Commencement Date, the City may lease vehicle numbers 08223 and 739 as listed in Exhibit 9 for an amount of One Dollar ($1.00) per Agreement Year. In the event that City leases vehicle numbers 08223 and 739, the City shall be responsible for the associated insurance, vehicle licensing, maintenance and fueling costs of vehicle numbers 08223 and 739 during the time these vehicles are leased by the City. The terms and conditions of any vehicle lease agreement shall be negotiated between the City and Contractor. Section 13. Collection Routes 13.1 Collection Routes. During the Transition Period, but before the Service Commencement Date, Contractor shall coordinate with City staff to define the existing collection routes. Any proposed changes to current routing shall be reviewed and approved by the City prior to any notification or implementation with the customers. 13.2 Subsequent Collection Route Changes. During the first four to six months, no changes will be made to residential service route days. The Contractor shall submit to the City, in writing, any proposed route change (including maps thereof) not less than sixty (60) calendar days prior to the proposed date of implementation, except for route changes agreed to by City and Contractor. To the extent possible, Contractor will provide the map data in a GIS format that is compatible with the format used by the City. The Contractor shall not implement any route changes without the prior review of the City Representative. If the route change will change the collection day for a Service Recipient, the Contractor shall notify those Service Recipients in writing of route changes not less than ten (10) days before the proposed date of implementation. 13.3 Collection Route Audits. The City reserves the right to conduct audits of Contractor's collection routes. The Contractor shall cooperate with the City in connection therewith, including permitting City employees or agents, designated by the City Representative, to follow behind the collection vehicles in order to conduct the audits. The Contractor shall have no responsibility or liability for the salary, wages, benefits or worker compensation claims of any person designated by the City Representative to conduct such audits. Page 49 of 126 Franchise Agreement Term April 1, 2016—March 31, 2026 Packet Pg. 926 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. Section 14. Public Outreach Services 14.1 General. Contractor, at its own expense, shall prepare, submit and implement an annual Public Education and Outreach Plan that incorporates key feature of Contractor's Public Education Program (Exhibit 6). The proposed action plans must be submitted annually for City approval no later than sixty (60) days following the Service Commencement Date and each year thereafter. The program must include specific steps designed to increase diversion and participation, for the City's residents and businesses. A minimum of two (2) annual campaigns should target certain diverted materials or "problem" areas of the Contractor's service area where improvements can be maximized. Targets of outreach should be based on local trends and recycling patterns based on information obtained by both the City Representative and Contractor staff. The Contractor shall provide space in Contractor's public outreach materials, such as mailers, flyers and newsletters, for the City to include announcements, community information, articles, and photographs such that it does not impact the current mailing cost components. 14.2 Transition. Contractor will provide transition activities, during the Transition Period, including, at minimum, conducting eight (8) (one in each ward and one general at a location to be determined) community workshops and meetings outlining the transition to the services provided by the Contractor's services and how billing will be done. Contractor shall also provide information on proper how to participate in recycling and organics services, and where to take HHW materials for proper recycling or disposal, how to arrange for Bulky Waste Collection, and the days and hours that collection and Street Sweeping will occur. 14.3 Recycling Coordination Support. Contractor will provide staff resources to serve as recycling coordination support to promote Contractor's public education, recycling and waste diversion, waste prevention, and grant application and coordination programs provided to the City. 14.4 Annual Collection Service Notice. Each Agreement Year the Contractor shall publish and distribute notices to all Service Units regarding the types of services available. The notice can be in the form of a separate mailer, one of the quarterly newsletters distributed by Contractor, or as a billing insert. To the extent appropriate, based on the category of customer receiving the notice, it shall contain at a minimum: definitions of the materials to be collected, procedures for setting out the materials, collection and disposal options for unacceptable materials such as Hazardous Waste, and the Contractor customer service phone number and website address. The notice shall be provided in English, and in Spanish if requested by City, and shall be distributed by the Contractor each Year. Page 50 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026 Packet Pg. 927 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. 14.5 Additional Public Outreach Programs and Services. Contractor shall provide additional Public Outreach Programs and Services as requested by City at a price to be mutually agreed upon between the Contractor and the City within the City Manager's contract signing authority. In the event the Contractor and the City cannot reach a mutually agreed upon price for the requested service or program, City shall have the right to procure the service of other vendors or contractors to provide the requested service. 14.6 News Media Relations. Contractor shall notify the City Representative by Fax, e-mail or phone of all requests for news media interviews related to the collection service program within twenty-four (24) hours of Contractor's receipt of the request. Before responding to any inquiries involving controversial issues or any issues likely to affect participation or Service Recipient perception of services, Contractor will discuss Contractor's proposed response with the City Representative. 14.6.1 Copies of draft news releases or proposed trade journal articles shall be submitted to City for prior review and approval at least five (5) work days in advance of release, except where Contractor is required by any law or regulation to submit materials to any regulatory agency in a shorter period of time, in which case Contractor shall submit such materials to City simultaneously with Contractor's submittal to such regulatory agency. 14.6.2 Copies of articles resulting from media interviews or news releases shall be provided to the City within five (5) Business Days after publication. 14.7 Website. Contractor shall develop and maintain a state-of-the-art website accessible to the public, dedicated to services provided in the City that is accessible by the public. The web site shall include answers to frequently asked questions, list of Recyclable Materials and Organic Waste, and other related topics. The Contractor's website shall provide the public the ability to e-mail complaints to Contractor and request services or service changes. Contractor's website shall also promote reuse and recycling, graphics and statistic illustrating the City progress toward meeting City's diversion goals, other City's environmental programs, and other materials as requested by the City. The City shall review and approve Contractor's website as it relates to the City of San Bernardino's page(s). 14.8 Waste Generation and Characterization Studies. Contractor acknowledges that City must perform Solid Waste generation and characterization studies periodically to comply with AB 939 requirements. Contractor agrees to participate and cooperate with City and its agents and to perform studies and data collection exercises, as needed, to determine weights, volumes and composition of Solid Waste generated, disposed, transformed, diverted or otherwise processed to comply with AB 939. Page 51 of 126 Franchise Agreement Term April 1, 2016—March 31, 2026 Packet Pg. 928 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. Section 15. Collection Equipment 15.1 General. Contractor warrants that it shall provide adequate numbers of vehicles and equipment for the collection, transportation, recycling and disposal services for which it is responsible under this Agreement. All collection vehicles used by Contractor in the performance of services under this Agreement shall be of a high quality. At the start of this Agreement, all collection vehicles utilized by Contractor pursuant to this Agreement shall be those outlined below in conjunction with vehicles owned by the Contractor. 15.2 Use of Purchased City Equipment. In accordance with this Agreement, Contractor shall purchase the City's personal property used as listed in Exhibit 9. 15.3 Vehicle Transition Plan. Contractor shall re-brand all previously owned City of San Bernardino vehicles as outlined in the Transition Plan attached in Exhibit 5. 15.4 Temporary Access to and Use of City Corporation Yard. Contractor contemplates requiring access to and use of City's Corporate Yard for up to ninety (90) days after the Service Commencement Date for temporary storage of Containers and collection vehicles. City and Contractor will separately meet and confer with regard to the scope and terms of conditions of such temporary use after the Effective Date of the Agreement, but City will not unreasonably refuse such access and use provided Contractor does not undertake any maintenance, repair, cleaning, or fueling of any vehicles, nor refurbishment or maintenance of Containers, does not store nor dispose of any Solid Waste, Hazardous Waste or Universal Waste at the Corporate Yard, maintains insurance acceptable to City, and repairs any damages caused by Contractor's use. 15.5 Long Term Use of City Corporation Yard. In the event that City wishes to provide long-term use or purchase of the City's Corporate Yard to Contractor, any such agreement will be done separately from this Agreement. 15.6 Noise. To protect peace and quiet in service areas, the noise level generated by compaction vehicles using compaction mechanisms during the stationary compaction process shall not exceed a single-event noise level of eighty-five (85) decibels (dBA) at a distance of twenty-five (25) feet from the collection vehicle measured at an elevation of five (5) feet above ground level. Contractor shall, upon request, submit to City a certificate of vehicle noise level testing by an independent testing entity of any collection vehicles used by Contractor in the City, which has been the subject of more than one noise complaint within any twelve-month period. 15.7 Compliance. Contractor warrants that it will comply with all measures and procedures promulgated by all agencies with jurisdiction over the safe and sanitary operation of all its equipment. Page 52 of 126 Franchise Agreement Term April 1, 2016—March 31, 2026 Packet Pg. 929 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. 15.8 Private Streets, Alleys and Parking Lots. Contractor agrees to use its best efforts to prevent damage to private streets, alleys and parking lots over which its collection equipment may be operated, to obtain all required approvals for operation of its collection vehicles on private streets, alleys and parking lots. 15.9 Vehicle Registration, Licensing and Inspection. Upon City request during the term of this Agreement, Contractor shall submit documentation to the City Representative to verify that each of the Contractor's collection vehicles is in compliance with all registration, licensing and inspection requirements of the California Highway Patrol, the California Department of Motor Vehicles, and any other applicable laws or regulations. Contractor shall not use any vehicle to perform collection service that is not in compliance with applicable registration, licensing and inspection requirements. Each vehicle shall comply, at all times, with all applicable statutes, laws or ordinances of any public agency. Collection vehicles will be subject to routine inspections by the California Highway Patrol and will be subject to bi-annual inspections. Certificates for said inspection shall be filed with the City upon request. 15.10 Clean Air Vehicles. During the term of this Agreement, to the extent required by law, Contractor shall provide its collection vehicles to be in full compliance with local, State and federal clean air requirements that were adopted including, but not limited to, California Air Resources Board and South Coast Air Quality Management District. 15.11 Safety Equipment. All collection equipment used by Contractor shall have appropriate safety markings including, but not limited to, highway lighting, flashing and warning lights, clearance lights, and warning flags. All such safety markings shall be in accordance with the requirements of the California Vehicle Code, as may be amended from time to time. All collection vehicles shall be equipped with audible back-up warning devices. 15.12 Vehicle Signage and Painting. Collection vehicles shall have with the Contractor's name, Contractor's customer service telephone number, and the number of the vehicle. No advertising shall be permitted other than the name of the Contractor except promotional advertisement of the Recyclable Materials and Organic Waste programs. Contractor shall repaint all vehicles (including vehicles striping) during the term of this Agreement on a frequency as necessary to maintain a positive public image as reasonably determined by the City Representative. 15.13 Vehicle Maintenance. Contractor shall maintain collection vehicles in a clean condition and in good repair at all times and ensure that no collected materials, oil, grease, or other substances will blow, fall out, escape or leak out of the vehicle, with the exceptions of vehicle emission. All parts and systems of the collection vehicles shall Page 53 of 126 Franchise Agreement Term April 1, 2016—March 31, 2026 Packet Pg. 930 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. operate properly and be maintained in a condition satisfactory to City. Contractor shall wash all collection vehicles at least once a week. 15.14 Maintenance Log. Contractor shall maintain a maintenance log for each collection vehicles. The log shall at all times be accessible to City upon request of City Representative, and shall show, at a minimum, each vehicle's Contractor-assigned identification number, dates of performance of routine maintenance, dates of performance of any additional maintenance, and description of additional maintenance performed. 15.15 Equipment Inventory. Upon City's request, Contractor shall provide to City an inventory of collection vehicles and major equipment used by Contractor for collection or transportation and performance of services under this Agreement. The inventory shall indicate each collection vehicle by Contractor assigned identification number, DMV license number, the age of the chassis, type of fuel used, the type and capacity of each vehicle, the number of vehicles by type, and the maintenance status. Upon City request, Contractor shall submit to the City Representative, either by Fax or e-mail, an updated inventory annually to the City or more often at the request of the City Representative. Each vehicle inventory shall be accompanied by a certification signed by Contractor that all collection vehicles meet the requirements of this Agreement. 15.16 Reserve Equipment. The Contractor shall have available to it, at all times, reserve collection equipment which can be put into service and operation in the event the disabled vehicle cannot return to service that day. Such reserve equipment shall correspond in size and capacity to the equipment used by the Contractor to perform the contractual duties. 15.17 Containers. 15.17.1 Carts. Carts may be new, existing or refurbished as of the Service Commencement Date, and are to be hot-stamped, embossed, or laminated, and in-molded with the type of materials to be collected (i.e., Solid Waste, Organic Waste, Recyclable Materials). In-molding on the Carts shall be on the lids. Contractor's name and/or logo shall be included on the body of Carts. Labeling and graphics of the Carts shall be approved by the City. 15.17.2 Bins. Bins may be new, existing, or refurbished at the start of the Agreement. Bins are to be painted and be labeled with either the type of materials to be collected (i.e., Solid Waste, Organic Waste, Recyclable Materials) or the type of material prohibited from being disposed in the Bin. 15.17.3 Roll-offs. Roll-off containers may be used, provided they are newly painted, properly marked and in good working order. The City retains the right to Page 54 of 126 Franchise Agreement Term April 1, 2016—March 31, 2026 Packet Pg. 931 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. inspect any such used Roll-off and direct the Contractor to replace such a used Roll-off if it is deemed to be not acceptable. 15.17.4 Purchase and Distribution of Carts and Bins. The Contractor shall be responsible for the purchase and distribution of fully assembled and functional Carts and Bins to Service Units in the Service Area throughout the term of this agreement. Contractor shall also distribute Carts and Bins to new Service Units that are added to Contractor's service area during the Term of this Agreement as required. The delivery of containers shall be completed within five (5)Work Days. 15.17.5 Replacement of Carts and Bins. Contractor's employees shall take care to prevent damage to Carts or Bins by unnecessary rough treatment. However, any Cart or Bin damaged by the Contractor shall be replaced by the Contractor, at the Contractor's expense, within five (5) Work Days at no cost or inconvenience to the Service Recipient. a) Upon notification to the Contractor by the City or a Service Recipient that the Service Recipient's Cart(s) and Bin(s) have been stolen or damaged beyond repair through no fault of the Contractor, the Contractor shall deliver a replacement Cart(s) and Bin(s) to such Service Recipient within five (5) Work Days. The Contractor shall maintain records documenting all Cart and Bin replacements occurring on a monthly basis. b) Where such Cart is lost, stolen or damaged beyond repair through no fault of the Contractor, each SFD Service Unit shall be entitled to the replacement of one (1) lost, destroyed, or stolen Solid Waste Cart, one (1) lost, destroyed, or stolen Recyclable Materials Cart, and one (1) lost, destroyed, or stolen Organic Waste Cart, during each of the ten (10) Agreement Years at no cost to the Service Unit. C) Where such Cart or Bin is lost, stolen or damaged beyond repair through no fault of the Contractor, each MFD Service Unit shall be entitled to the replacement of one (1) lost, destroyed, or stolen Solid Waste Cart or Bin, one (1) lost, destroyed, or stolen Recyclable Materials Cart or Bin, and one (1) lost, destroyed, or stolen Organic Waste Cart or Bin during each of the ten (10) Agreement Years at no cost to the Service Unit. Page 55 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026 Packet Pg. 932 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. d) Where such Cart or Bin is lost, stolen or damaged beyond repair through no fault of the Contractor, each Commercial and City Service Unit shall be entitled to the replacement of one (1) lost, destroyed, or stolen Solid Waste Cart or Bin, one (1) lost, destroyed, or stolen Recyclable Materials Cart or Bin, and one (1) lost, destroyed, or stolen Organic Waste Cart or Bin during each of the ten (10)Agreement Years at no cost to the Service Unit. e) Where such Bin or Cart replacement occurs through no fault of the Contractor, Contractor shall be compensated for the cost of those replacements in excess of the requirements set forth above in accordance with the "Cart or Bin" Service Rate, as appropriate, as initially set by the City or as may be adjusted by the City as provided under the terms of this Agreement. 15.17.6 Repair of Carts and Bins. Contractor shall be responsible for repair of Carts in the areas to include but not be limited to, hinged lids, wheels and axles. Within five (5) Work Days of notification by the City or a Service Recipient of the need for such repairs, the Contractor shall repair the Cart or Bin or if necessary, remove the Cart or Bin for repairs and deliver a replacement Cart or Bin to the Service Recipient. 15.17.7 Cart or Bin Exchange. Upon notification to the Contractor by the City or a Service Recipient that a change in the size or number of Carts or Bins is required, the Contractor shall deliver such Carts or Bins to such Service Recipient within seven calendar days to allow for the exchange to occur on the regular scheduled collection day. At no charge, each SFD, MFD, Commercial, and City Service Unit shall be entitled to receive one (1) Solid Waste Cart, Recyclable Materials, or Organic Waste Carts exchange, per Agreement Year during the term of this Agreement. Contractor shall be compensated for the cost exchanges in excess of one (1) per Agreement year, in accordance with the "Cart or Bin Exchange" service rate as Set forth in Exhibit 1. 15.17.8 Ownership of Carts, Bins and Roll-Off Containers. Ownership of Carts, Bins and Roll-Off Containers on the Service Commencement Date, and Carts, Bins and Roll-Off Containers distributed by the Contractor after April 1, 2016 shall rest with the Contractor. However, in the case of the termination of the Agreement prior to the expiration of the Term, or optional Term Extension, the City shall have the right to take possession of the Carts, Bins and Roll-Off Containers and shall retain such possession until satisfactory arrangements can be made to provide collection services using other equipment. Such time of Page 56 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026 Packet Pg. 933 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. possession shall be limited to twelve months, and no monies will be owed to the Contractor from the City for the use of the equipment. Upon the receipt of written notice from the City, Contractor shall submit to the City Representative an inventory of Carts, Bins and Roll-Off Containers, including their locations. Section 16. Hiring of Displaced City Employees and Local Recruiting 16.1 CONTACTOR shall offer employment to all "qualified" Displaced City Employees and shall hire such Displaced City Employees if they timely accept the offer of employment. An applicant is deemed "qualified" where he or she has undergone and passed the Contractor's required standard pre-employment physical, background check and drug screening. Displaced City Employees shall be hired in accordance the following and the provisions of Exhibit 10. 16.1.1 Contractor shall maintain all Displaced City Employees at the same level of pay as was paid to the displaced employee by the City as of the Service Commencement Date. 16.1.2 Displaced City Employees will be eligible for annual reviews. 16.1.3 In determining the rate of accrual for paid vacation and sick days for Displaced City Employees, Contractor agrees to apply each Displaced City Employee's years of service with City as if they were years of service with Contractor. 16.1.4 Contractor shall pay a total of Five Hundred Thousand Dollars 500,000) as a hiring bonus distributed to Displaced City Employees who are hired by the Contractor within 30 days of Service Commencement Date. The allocation method for distributing the hiring bonus paid to Displaced City Employees will be determined by the City. 16.1.5 Contractor shall not discharge any Displaced City Employee hired by Contractor for at least one hundred eighty (180) days after the Service Commencement Date, except "for cause" as that term is defined in the employee personnel policies of Contractor effective as of the Effective Date of this Agreement. Thereafter, the continued employment of Displaced City Employees shall be under the terms and conditions established for all Contractor's workers in the particular classification. 16.2 Local Recruiting. Contractor's Human Resources Department will attempt to fill job openings with City residents through the following means: Page 57 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026 Packet Pg. 934 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. 16.2.1 All Contractor employees residing in the City will be advised of Contractor's job openings in advance of general postings and announcements and will be encouraged to refer friends and family residing in the City; 16.2.2 City publications will be included in any media job postings; 16.2.3 For special recruitments, Contractor will utilize a job fair; 16.2.4 Flyers and promotions for events sponsored by Contractor within the City will carry a message inviting residents to consider employment with Contractor; and, 16.2.5 When two or more equally qualified job candidates are considered for employment with Contractor in the City, preference will be shown to the candidate residing in the City. Section 17. Privacy 17.1 General. Contractor shall observe and protect the rights of privacy of Service Recipients. Information identifying individual Service Recipients, or the composition or contents of a Service Recipient's Solid Waste, Recyclable Materials, or Organic Waste shall not be revealed to any person, governmental unit, private agency or company, unless upon the authority of a court of law, by statute, or upon valid authorization of the Service Recipient. This provision shall not be construed to preclude Contractor from preparing, participating in, or assisting in the preparation of waste characterization studies or waste stream analyses which may be required by the Act, or preparing and distributing public awareness materials to Service Recipients. 17.2 Mailing Lists. Contractor shall not market or distribute mailing lists with the names and addresses of Service Recipients. 17.3 Privacy Rights Cumulative. The rights accorded Service Recipients pursuant to this Section shall be in addition to any other privacy rights accorded Service Recipients pursuant to federal or state law. Section 18. Service Exceptions; Hazardous Waste 18.1 Hazardous Waste Inspection, Diversion and Reporting. Contractor reserves the right and has the duty under law, to inspect Solid Waste put out for collection and to reject Solid Waste observed to be contaminated with Hazardous Waste. Should Contractor find or observe reportable quantities of Hazardous Waste put out for collection with Solid Waste, Contractor shall notify all agencies with jurisdiction, including the California Department of Toxic Substances Control and Local Emergency Response Providers and, if appropriate, the National Response Center, of reportable quantities of Page 58 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026 Packet Pg. 935 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. Hazardous Waste, found or observed in Solid Waste observed or collected anywhere within the City. In addition to other required notifications, if Contractor observes any substances which it or its employees reasonably believe or suspect to contain Hazardous Wastes unlawfully disposed of or released on City property, including storm drains, streets or other public rights of way, Contractor shall notify the City Manager, or the City Manager's designee immediately. Section 19. Customer Service 19.1 Office Hours. Contractor must maintain an office accessible by a local or toll free telephone number each Business Day. 19.2 Service Recipient Calls. At Contractor's expense, its regular telephone numbers shall be listed in San Bernardino-area telephone directories under Contractor's name. Contractor shall maintain a telephone answering system capable of accepting at least ten (10) incoming calls at once. 19.3 Emergency/After Hours Telephone Number. 19.3.1 For City. Contractor will provide cell phone numbers and/or other required contact information to City Staff to be used in case of an emergency. These emergency numbers can be used outside normal business hours and will be kept confidential. 19.3.2 For Service Recipients. Contractor shall have an after-hours message center where customers can leave messages. Contractor will also provide and maintain a website where customers may leave messages by e-mail. Contractor will retrieve all voice and email messages the following business day. 19.4 Multilingual. Contractor shall at all times maintain the capability of responding to all telephone calls in English, Spanish and such other languages City reasonably determines to be necessary for communication with service recipients. 19.5 Customer Service and Complaint Logs. Contractor shall update customer records with any inquiries, service requests and complaints into a customer data base which shall be maintained in a manner that it is reasonably available for inspection and review by City upon request. All calls shall be logged in the account record. Contractor shall note the name and address of the complainant, the date and time of the complaint, the nature of the complaint, the name of the Contractor's employee taking the complaint, and the nature and date of Contractor's resolution of the complaint. Contractor shall inform all Service Recipients that all complaints shall be directed to Contractor. The Complaint Log shall be maintained on a computerized data base format. The Complaint Log shall be available for inspection and review by City upon request. Contractor shall Page 59 of 126 Franchise Agreement Term April 1, 2016—March 31, 2026 Packet Pg. 936 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. provide a summary of the Complaint Log to City monthly during the first (1S) year of service and then quarterly thereafter for the duration of the Term. 19.6 Response to Calls. Contractor will use its best efforts to answer all incoming calls within five (5) rings. Any call "on-hold" will be placed in a queue and answered in the order in which it was received. 19.7 Service Responses. City and Contractor agree that the protection of public health, safety and well-being require that service complaints be acted on promptly. Contractor shall be responsible for the prompt and courteous attention to, and prompt and reasonable resolution of, all Service Recipient complaints. 19.7.1 Missed Pick-Ups. In the case of a complaint of a missed collection, Contractor shall make the collection no later than the following collection day 19.7.2 Other Complaints. Contractor will respond to all complaints from Service Recipients, other than missed-pickups, within one (1) Working Day of receiving the complaint. Section 20. Ownership of Solid Waste, Recyclable Materials, Organic Waste and Construction and Demolition Materials Ownership of Solid Waste, Organic Waste, and Recyclable Materials shall pass, by operation of law, to Contractor at such time as said materials are placed for collection in Containers for collection by Contractor. Ownership and the right to possession of Solid Waste, Recyclable Material, Organic Waste and Construction and Demolition Materials placed for collection shall transfer directly from the Service Recipient to Contractor, by operation of law and not by virtue of this Agreement. At no time does the City obtain any right of ownership or possession of Solid Waste or any Hazardous Waste illicitly placed for collection in a Solid Waste Container, and nothing in this Agreement shall be construed as giving rise to any inference that City has any such rights. Section 21. Customer Rates and Billing Procedures 21.1 Rates for Service. 21.1.1 Maximum Permitted Service Rates. Contractor shall not charge rates (or additional charges, fees, or penalties) in excess of the Maximum Permitted Service Rates specified on Exhibit 1 attached to this Agreement. 21.1.2 City Service Units. Contractor shall not charge or bill City for services to City Service Units, Street Sweeping, or abandoned waste Collection and Right- of-Way Clean-Ups. Page 60 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026 Packet Pg. 937 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. 21.1.3 Adjustments To Maximum Permitted Service Rates. The adjustments to Maximum Permissible Customer Rates shall be calculated as follows: a) Annual Adjustment. July 1, 2017, and each July 1St thereafter, Contractor may increase the Maximum Permitted Service Rates for all Service Recipients by CPI. Any City Approved Host Fees shall be considered as pass- through cost and added to the CPI adjustment to the Maximum Permitted Service Rates. Contractor shall send the proposed rate adjustment calculations and full rate schedule to the City Manager for review by March 1St of each Agreement year, or no adjustment shall be made for that Agreement Year. The City Manager shall respond to Contactor within thirty days (30) after receipt of Contractor's proposed changes to the Maximum Permitted Service Rates if the proposed percentage increase is calculated correctly in accordance with this Agreement. If the proposed Maximum Permitted Service Rates are correctly calculated, the new rates will be implemented by Contractor beginning July 1St of the Agreement Year. If the City Manager finds that Contractor's proposed changes to the Maximum Permitted Service Rates are not correctly calculated, Contactor shall have thirty days (30) days to correct and resubmit proposed changes to the Maximum Permitted Service Rates. If Contractor does not resubmit corrected Maximum Permitted Service Rates within 30 days of notice by the City Manager, no adjustment to the rates shall be made. b) Maximum Annual Increase. In no event may the increase in Maximum Permissible Service Rates increase by more than five percent (5%) during any July 1St — June 30th period regardless of the amount increase in the CPI. If, however, the changes to the CPI result in an increase above five percent (5%) or a negative number, any amount above five percent (5%) or below zero percent (0%), shall be carried forward or applied in subsequent years. C) Adjustment Due to Change In Law. As used herein, "Change in Law" means the enactment, issuance, adoption, repeal, Page 61 of 126 Franchise Agreement Term April 1, 2016—March 31, 2026 Packet Pg. 938 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. amendment or modification of any federal, state or local statute, ordinance or regulation, or a regulatory agency or other administrative agency interpreting a regulation or statute, or a judicial decision interpreting a law, statute, ordinance or regulation, in a manner different than relied upon by municipalities and the solid waste and collection industry. Contractor may adjust the Maximum Permissible Service Rates by an amount equal to the increase or incremental increase, as the case may be, in the costs (i.e. on any direct or indirect cost, whether fixed or variable) of Contractor's provision of services under this Agreement that are caused by the Change in Law and that have been demonstrated to the City Council. d) The City Council shall not unreasonably refuse to approve rate adjustments, nor shall the City Council unreasonably delay review and approve of any such adjustment. 21.1.4 Rounding. Calculation of rates and determination of any annual adjustments shall be made only in units of one cent ($0.01) and shall not result in a decrease to the rates currently in effect. Fractions of less than one cent 0.01) shall not be considered in making adjustments. The indices shall be truncated at four(4) decimal places for the adjustment calculations. 21.2 Contractor Billing. The Contractor shall be solely responsible for the billing and collection of payments for all Integrated Solid Waste Collection, Processing and Disposal Services to Service Recipients, except as provided in the Transition Plan. The City's Representative may review the initial format for all Service Recipient bills. 21.3 Partial Month Service. If, during a month, a Service Unit is added to or deleted from Contractor's service area, the Contractor's billing shall be pro-rated based on the daily rate (monthly rate multiplied by 12 months and then divided by 365 days). The daily rate is assessed for the actual number of days the account was serviced. 21.4 Production of Invoices for Service Units Utilizing Cart Service. The Contractor shall produce an invoice for Service Recipients utilizing Carts received under this Agreement bi-monthly in arrears. The Contractor's invoice shall be remitted to the Service Recipient no earlier than the last day of the 2nd month of the period for which service is being billed. The payment due date will be the 15th day of the month following the close of the billing period. Contractor shall provide notice to affected customers of a proposed rate increase one full billing cycle in advance of implementing the rate increase. Where the exact amount of the increase proposed is not known a billing cycle in advance, Contractor may satisfy this requirement by referring to a measure by which Page 62 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026 Packet Pg. 939 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. the rate will increase (e.g. by reference to the CPI or by reference to an increase caused by a Change in Law). 21.5 Production of Invoices for Service Units Utilizing Bin Service. The Contractor shall produce an invoice for Service Recipients utilizing Bins received under this Agreement in arrears but no fewer than twelve (12) times per year. The Contractor may invoice the Service Recipient no earlier than the last day of the month for which service is being billed. The payment due date will be the 15th day of the month following the close of the billing period. 21.6 Production of Invoices for Roll-off Collection Service. The Contractor shall produce an invoice for Roll-off collection services received under this Agreement in arrears for services during the prior month. The Contractor may invoice the Service Recipient no earlier than the last day of the month for which service is being billed. The payment due date will be the 15th day of the month following the close of the billing period. 21.7 Production of Invoices for Temporary Bin or Roll-off Collection Service. The Contractor may bill for temporary Bin or Roll-off Collection Services in advance on a Cash on Delivery basis (COD), or another billing arrangement mutually agreed on between Contractor and Service Recipient requesting Temporary Bin or Roll-off Collection Service. Contractor may also bill for collected tonnage in arrears based on the actual weight of materials by material type. 21.8 City Provided Billing Inserts. City may provide educational and other material to Contractor for inclusion in the invoices mailed by Contractor to SFD, MFD and Commercial Service Units for collection services. Contractor shall not charge the City for the inclusion of additional educational or other materials in the invoices provided the inclusion of such City requested materials does not exceed the cost for standard postage for any mailing. City shall be responsible for the additional postage costs if applicable. 21.9 Methods of Payment. Contractor shall provide the means for Service Recipients to pay bills through the following methods: cash, checks, credit cards, internet payment service or automatic withdrawal from bank account. On-line (E-Pay) bill methods shall be password protected and comply with federal regulations protecting the privacy of customer credit information. Contractor shall provide evidence of such security certifications and advise the City of Contractor's security measures implemented for on- line payment. 21.10 Remitting Receivables. Contractor shall remit to City any payments received from service units for services provided by City prior to the Service Commencement Date, and City shall remit to Contractor any payments received from service units for Page 63 of 126 Franchise Agreement Term April 1, 2016—March 31, 2026 Packet Pg. 940 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. services provided by Contractor after the Service Commencement Date. Such remittance shall be made within fifteen (15)days of receipt of payment. 21.11 Delinquent Service Accounts. 21.11.1 Residential Accounts. Contractor agrees not to discontinue service to residential SFD and MFD (5 or fewer units) cart customers. Contractor may recover any and all payments in accordance with Section 21.11.3 below. 21.11.2 Commercial Accounts. Contractor agrees to not permanently discontinue service to a commercial or Roll-off customer for non-payment. Contractor may temporarily suspend services for maximum of fourteen calendar days if customer's account has been delinquent in payment for a period of at least forty-five (45) days. If Contractor temporarily suspends service to any non- paying person, corporation or entity, such person, corporation, or entity as a condition precedent to re-establishment of regular service, shall comply fully with all of the then billing policies and practices of the Contractor, including, but not limited to, requirement of payment by cash or cash equivalent, prepayment of one full billing cycle, a security deposit, payment of all costs of collection of monies owed to Contractor, and payment of a reinstatement fee. In addition, delinquent accounts shall be charged a 1.5% monthly late fee. If the Contractor temporarily suspends service for non-payment of the customer's account, Contractor shall, upon City request, give written notice to the City Manager of any suspension of service for nonpayment of account, giving the name and address of the customer(s). If payment is not received after the temporary suspension of services, Contractor shall resume regular services and shall be entitled to recover any and all payments in accordance with Section 21.11.3 below. 21.11.3 Non-Payment. Customers (Property owners or tenants)who have not remitted required payment within forty-five (45) days after the date of billing shall be notified by Contractor on forms that contain a statement that if payment is not received within fifteen (15) days from the date of the notice, the delinquent and unpaid charges, including a 10% penalty and 1.5% monthly interest, as well as all direct and indirect costs incurred by City and Contractor may be placed on the San Bernardino County annual secured property tax rolls and that any amount owing would then become a lien on the property. Contractor shall provide such notice to customers as is legally required, including notification via U.S. Mail to the current billing address on file. The City agrees to annually levy delinquent charges for the prior calendar year for collection with property taxes. The parties intend that while the City will elect in accordance with State Law to place delinquent and unpaid solid waste assessments on the secured property tax rolls, Contractor understands and agrees that the City has no obligation to Page 64 of 126 Franchise Agreement Term April 1, 2016—March 31, 2026 Packet Pg. 941 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. foreclose on any tax bill. Contractor shall pay all fees charged by San Bernardino County in connection with the establishment of this secured tax roll billing and collection program and shall pay all direct and indirect costs incurred by the City in processing delinquent and unpaid assessments through the secured property tax roll procedure. Section 22. Contractor's Books and Records; Audits 22.1 Contractor shall maintain all records relating to the services provided hereunder, including, but not limited to, all costs of collection and disposal, customer lists, billing records, maps, records substantiating the information furnished by Contractor to City pursuant to Section 24 of this Agreement and Service Recipient complaints for the period during which collection services are to be provided pursuant to this Agreement and an additional period of not less than three years, or any longer period required by law. The City shall have the right, upon fifteen business days advance notice, to inspect, copy and audit all records relating to this Agreement, including, but not limited to, Service Recipient lists, billing records, maps, and customer complaints. Such records shall be made available to City at Contractor's regular place of business, or other place agreed to by City and Contractor, within the County of San Bernardino. 22.2 Should any examination or audit of Contractor records reveal an underpayment of any payment required to be paid to City under this Agreement, the amount of such underpayment, plus interest at the maximum rate permitted under California law, shall become due and payable to City not later than thirty days after written notice of such underpayment is provided to Contractor by City. Should an underpayment of more than five percent (5%) be discovered, Contractor shall bear the entire cost of the examination or audit. Section 23. Integrated Waste Management Act; Reporting Requirements 23.1 Contractor-City Cooperation. Contractor shall cooperate with City in Solid Waste Disposal Characterization Studies and waste stream audits and shall implement measures adequate to achieve the diversion goals set forth in this Agreement. (See also Section 5, and Section 30.3 below.) During the Term of this Agreement, Contractor, at no expense to City, shall submit to City all relevant information and reports required to meet the reporting obligations imposed by CalRecycle under the Act, as amended. Contractor agrees to submit such reports and information by email or on computer discs, in a format acceptable to City at no additional charge, if requested by City. 23.2 Change in AB 939, RCRA, CERCLA and Related Laws. This Agreement is part of City's efforts to comply with the provisions of the Act as it may be amended and Page 65 of 126 Franchise Agreement Term April 1, 2016—March 31, 2026 Packet Pg. 942 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. as implemented by the regulations of CalRecycle, or its successor agency, as they may be amended, and the City's Source Reduction and Recycling Component, as it may be amended. In the event that the Act or other state or federal laws (including, but not limited to CERCLA and RCRA) or regulations enacted or amended after this Agreement has been executed, prevent or preclude compliance with one or more provisions of this Agreement, or significantly increase or decrease Contractor costs, such provisions of this Agreement shall be modified or suspended as may be necessary to comply with such state or federal laws or regulations. 23.3 Changes in Other Laws. In the case of changes in the laws other than amendments to the Act, which increase or decrease the cost of Contractor's service, Contractor or City may seek a rate increase or decrease to reflect the increase or decrease in costs directly attributable to the amended or newly enacted provision of law or regulations, specifying, in writing, the law to which the additional costs or savings are attributed, and how they would result in increased costs. City Council must approve any changes in the Maximum Permitted Service Rates resulting from any Change in Law. Section 24. Activities and Financial Reports; Adverse Information 24.1 Reports. Contractor, at no additional expense, shall submit to the City such information or reports in such forms and at such times as the City reasonably may request or require, including, but not limited to the following, submitted not less often than as indicated: 24.1.1 Format and Type of Reports. Reports shall be submitted to City, transmitted in a format acceptable to City, as an attachment to e-mail. The following reports shall be submitted to City Monthly until the first anniversary of the Service Commencement Date and then Quarterly thereafter. Reports shall include the following: a) Summary of Contractor Payments to the City. A summary of all payments made to the City under this Agreement for the reporting period. b) Summary of Contractor Gross Receipts Received. A summary of all Contractor Gross Receipts received for services provided under the terms of this Agreement broken down by Residential, Commercial and Construction and Demolition Services. C) Disposal and Diversion Summary. A summary table showing the total tonnage of Solid Waste, Recyclable Materials, Organic Waste, Construction and Demolition Materials, Bulky Waste Page 66 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026 Packet Pg. 943 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. 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 e) 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. f)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. Page 67 of 126 Franchise Agreement Term April 1, 2016—March 31, 2026 Packet Pg. 944 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. 2) All tonnage data should be compared to the corresponding tonnage data from the prior year comparable period. g) 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. h) 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. i)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. 1)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 3151 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. Page 68 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026 Packet Pg. 945 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 Page 69 of 126 Franchise Agreement Term April 1, 2016—March 31, 2026 Packet Pg. 946 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, 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, 5`h Floor 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. Page 70 of 126 Franchise Agreement Term April 1, 2016—March 31, 2026 Packet Pg. 947 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. Page 71 of 126 Franchise Agreement Term April 1, 2016—March 31, 2026 Packet Pg. 948 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 Page 72 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026 Packet Pg. 949 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 Page 73 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026 Packet Pg. 950 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." 25.10 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 Page 74 of 126 Franchise Agreement Term April 1, 2016—March 31, 2026 Packet Pg. 951 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 self-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. Performance Bonds Concurrent with the execution of this Agreement, Contractor shall 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 Page 75 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026 Packet Pg. 952 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 All 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. Page 76 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026 Packet Pg. 953 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 Page 77 of 126 Franchise Agreement Term April 1, 2016—March 31, 2026 Packet Pg. 954 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. Page 78 of 126 Franchise Agreement Term April 1, 2016—March 31, 2026 Packet Pg. 955 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 Page 79 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026 Packet Pg. 956 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 nolo 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 Page 80 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026 Packet Pg. 957 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 Parte 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 Page 81 of 126 Franchise Agreement Term April 1, 2016—March 31, 2026 Packet Pg. 958 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 Page 82 of 126 Franchise Agreement Term April 1, 2016—March 31, 2026 Packet Pg. 959 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. Page 83 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026 Packet Pg. 960 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. 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. Page 84 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026 Packet Pg. 961 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. 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: LIQUIDATED DAMAGES Item Amount a. Failure or neglect to address each complaint by the $100 per incident per close of the next working day. Service Recipient. b. Failure to address concerns regarding maintaining the $100 per incident per collection equipment in a clean, and sanitary manner. 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 $100 per incident per Agreement. day. e. Failure to maintain or timely submit to City all $100 per incident per documents and reports required under the provisions day. of this Agreement. f. Failure to display Contractor's name and customer $100 per incident per service phone number on collection vehicles. day. g. Failure to collect a missed collection by close of the $100 per incident per next work day upon notice to Contractor. day. h. Failure to repair or replace damaged Carts or Bins $100 per incident per within the time required by this Agreement. day. i. Failure to deliver or exchange Carts or Bins within the $100 per incident per time required by this Agreement. day. j. Failure to meet vehicle noise requirements. 100 per incident per day. k. Failure to maintain collection hours as required by this $250 per incident per Agreement without prior City approval. day. Page 85 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026 Packet Pg. 962 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. LIQUIDATED DAMAGES Item Amount I. Failure to offer and provide adequate facility $250 per incident per processing capacity of Recyclable Materials and day. Organic Waste. m. Failure to have field personnel in company/contractor $250 per incident per uniform. day. n. Failure to repair damage to customer property caused $500 per incident per by Contractor or its personnel. location. o. Failure to repair damage to City property caused by $500 per incident. Contractor or its personnel. p. Failure to clean up spillage or litter caused by $500 per incident per Contractor.location. q. Failure to properly cover materials in roll-off containers $500 per incident. during transport. r. Changing residential collection days without proper $500 per incident per notification to the City Representative. day. r. Commingling Solid Waste with Recyclable Materials, $500 per incident. with the exception of contaminated recyclables S. Disposal of Recyclable Materials or Organic Waste in $500 per load. the landfill without first obtaining the required permission of the City. t. 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. Page 86 of 126 Franchise Agreement Term April 1, 2016—March 31, 2026 Packet Pg. 963 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. 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; Page 87 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026 Packet Pg. 964 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 Billinq 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. Page 88 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026 Packet Pg. 965 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. 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 (collectively "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 Page 89 of 126 Franchise Agreement Term April 1, 2016—March 31, 2026 Packet Pg. 966 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. the request and to determine if it is an internal reorganization. City's expenses may include, but are not limited to, Staff, City Attorney's and Special Counsel's fees and costs and Accountants' fees and costs. Determination by the City Manager shall be final. 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. Page 90 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026 Packet Pg. 967 City of San Bernardino Exclusive Franchise Agreement for integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. 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 sole 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: Page 91 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026 Packet Pg. 968 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. 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. 33.10 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 Page 92 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026 Packet Pg. 969 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. cooperate fully 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 BERNARDINO a Califor 'a Charter City and Municipal Corporation Jarr d Burguan Interim City Manager ATTEST- Georgean 'Gigi" Hann City Clerk APPROVED AS TO FORM: Gary D. Saenz, City Attorney By. CONTRACTO BURRTEC ST N TRIES, INC. By: Cole Burr President Page 93 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026 Packet Pg. 970 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. This page intentionally left blank. Page 94 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026 Packet Pg. 971 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. 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 1 -64 or 96 gallon Solid Waste Cart Mobile Home 15.24 1 -96 gallon Recyclable Materials Cart 1 - 64 or 96 gallon Solid Waste Cart Commercial Unit 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 RateBinServices 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 4 CY $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 Page 95 of 126 Franchise Agreement Term April 1, 2016- March 31, 2026 Packet Pg. 972 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. Exhibit 1 Maximum Permitted Service Rates April 1, 2016-June 30, 2017 Services Compactor Extra Size 1/week 2/week 3/week 4/week 5/week 6/week 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 Extra Bin Size 1/week 2/week 3/week 4/week 5/week 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 4 CY $125.08 $232.46 $341.01 $450.76 $558.14 $30.11 6 CY $143.96 $267.86 $394.11 $505.04 $641.91 $35.68 Roll-off Services Rate/How Charged Service/Item Rate How Charged 10 -40 CY Roll-off $335.11 Rate Per Pull Recycling Compactor $142.00 Rate Per Pull Page 96 of 126 Franchise Agreement Term April 1, 2016- March 31, 2026 Packet Pg. 973 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. 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 Per Ton Disposal Per Ton 49.05 Per Ton Green Waste Per Ton 48.29 Per Ton Wood Waste Per Ton 42.50 Per Ton Inerts (Clean) $100.00 Per Load Dry Wall 40.28 Per Ton Carpet 50.00 Per Ton Overweight Penalty 12.00 Per Ton 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 Page 97 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026 Packet Pg. 974 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. 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 Page 98 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026 Packet Pg. 975 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. Exhibit 2 City Facilities Location Address Fire Department Fire Station #221 200 E. 3" St Fire Station #222 1201 W 91 St Fire Station #223 2121 Medical Center Dr Fire Station #224 2641 N E St Fire Station #225 1640 W Kendall Dr Fire Station #226 1920 N Del Rosa Ave Fire Station #227 282 W 40t 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 N D St Police Pistol Ranch 1100 E Highland Ave Animal Control 333 W Chandler PI 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 2 nd & Mt View Ave Perris Hill Park 1100 E Highland Ave Rio Vista Park 1399 N California St San RI Fields/Nicolson Park 2 nd & Meridian Seccombe Park 5t F& Belle Hernandez Community Center 222 N Lugo Ave Antil Garden Project 868 E 6t St Page 99 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026 Packet Pg. 976 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. Exhibit 2 City Facilities Location Address Meadow Nutrition Center 123 N Mtn View Ave Ruben Campos 1717 W 5 th St Senior Citizens Ser Center 600 W 5 th St Warner-Hodgedon Field 200 E 7 th St Al Guhin Park 3650 Little League Dr Little League Doty Field 40th &Waterman Ave Melton Field 300 E 40t St Del Road Little League Park Marshal[/Mountain Ave Carl Karper Field #39 3900 Severence Ave Guiterrez Field 1291 W 14t St Palm Field 790 E 6 th St Porterfield Little League 226 E 7 th St Blair Park 1466 W Marshall Blvd Highland Fields North 1535 Arden Ave Highland Fields South Pacific & Arden Nicholson Community Center 2750 W 2 nd St Guadalupe Field 8 th &Western Ann Shirrells Park 1367 N California St Ballard Field 1700 W 5 th St Mill Community Center 503 E Central Ave Nunez Park 1717 W 5 th St Delman Heights Center 2969 N Flores St Speicher Park 1535 Arden Ave Wildwood Elks Field 500 E 40" 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 Page 100 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026 Packet Pg. 977 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. 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 6t 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 S E St City Hall 300 N D St Pioneer Cemetery 7" & Sierra Way Miscellaneous Norton Air Force Base Gym 1554 E Art Townsend Dr Roosevelt Bowl 1001 E Highland Ave Sturgis Auditorium 780 N E St Homeless Access Center 247 E 7 1h St Urban Conservation Corp 378 E Orange Show Rd Other City facilities/buildings/locations as may be requested by the City. Page 101 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026 Packet Pg. 978 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. This page intentionally left blank. Page 102 of 126 Franchise Agreement Term April 1, 2016—March 31, 2026 Packet Pg. 979 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. Exhibit 3 Contractor's Facilities Primary 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 Page 103 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026 Packet Pg. 980 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. This page intentionally left blank. Page 104 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026 Packet Pg. 981 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. 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. Page 105 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026 Packet Pg. 982 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. This page intentionally left blank. Page 106 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026 Packet Pg. 983 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. 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 Right- Of-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. Page 107 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026 Packet Pg. 984 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. 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, empire @burrtec.com 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 Page 108 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026 Packet Pg. 985 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. 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. Page 109 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026 Packet Pg. 986 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. 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. Page 110 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026 Packet Pg. 987 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 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 recycling_ Page 111 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026 Packet Pg. 988 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. Page 112 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026 Packet Pg. 989 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 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 Agreement Year. The newsletters will remind residents what Page 113 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026 Packet Pg. 990 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.) Page 114 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026 Packet Pg. 991 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-Separated 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% Page 115 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026 Packet Pg. 992 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. This page intentionally left blank. Page 116 of 126 Franchise Agreement Term April 1, 2016—March 31, 2026 Packet Pg. 993 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. 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. Page 117 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026 Packet Pg. 994 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. This page intentionally left blank. Page 118 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026 Packet Pg. 995 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. Exhibit 9 List of City's Equipment/Personal Property Vehicle# Description Odometer Year Sweepers/Equipment 0492-03 BROOMSWEEPER 71,163 2003 7468 AIRSWEEPER CNG 34,476 2007 7469 AIRSWEEPER CNG 34,476 2007 7476 BROOMSW EEPER CNG 45,866 2007 7478 BROOMSW EEPER CNG 48,040 2007 9490 BROOM SWEEPER 38,690 2009 9491 CNG SWEEPER 22,639 2009 483 COMPACT TRUCK 90,375 1995 Right of Way Vehicles/Equipment 1557 1975 1556 MOWER FIELD & BRUSH 2007 1555 MOUNTED PUMP 1,555 1996 1553 3/4T PU W/SRVC.BDY 132,383 2001 1552 3/4T PU W/SRVC.BDY 78,000 2001 1551 VAN PASS-15 1-TON 76,717 2003 1550 VAN PASS-15 1-TON 68,170 2003 1549 TRAILER 10 FT 1989 1548 TILT BED TRLR 58,292 1989 1547 3/4 T PICKUP 119,237 2002 1546 PRESSURE WASHER 100 1989 1544 3/4 T PICKUP 41,249 1997 1543 TRAILER 1 AXLE 2 1984 1542 TRAILER 10 FT 1984 1541 FLATBED 115,349 2002 1540 1 T FLTBED DUMP 164,949 1992 1539 TRAILER 15 FT 1988 1536 ARROW BOARD TRLR 2003 813 O STEER MOWER 846 2007 802 3/4T PU W/SRVC.BDY 116,004 1998 768 TRAILER 20 FT. 2 AXL 2007 764 MOWER 3 DECK 4,750 2005 758 TRAILER 10 FT 1979 739 1 T FLTBED DUMP 35,750 2006 732 1/2 T PICKUP 113,856 2002 724 1/2 T PICKUP 121,296 2002 720 1/2 T PICKUP 87,742 2002 719 3/4 T PICKUP 122,586 2002 716 1/2 T PICKUP 98,867 2002 703 1 TON PICK UP 55,280 2008 577 TRAILER 10 FT 1990 576 CARRIER TRL 16' 1996 Page 119 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026 Packet Pg. 996 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. Exhibit 9 List of City's Equipment/Personal Property Vehicle# Description Odometer Year 2010 530 529 75 2010 528 PRESSURE WASHER 2009 527 2008 526 PAINT SPRAYER 687 2008 525 PAINT SPRAYER 3 2008 524 PAINT SPRAYER 2008 523 PAINT SPRAYER 2008 517 2010 515 PAINT SPRAYER 2011 511 GENERATOR PORTABLE 2000 505 COMPACT PU REG.CAB 86,167 2007 487 TRAILER 10 FT 1980 485 TRAILER 15 FT 1973 472 VIBROPLATE 2011 308 MOWER-RIDING 72" RIGHT OF WAY" 21201 2007 Refuse Collection/Equipment Vehicle# Description Odometer Year 01107-02 SIDELOADER AUTOMATED 104,095 2002 01114-02 SIDELOADER AUTOMATED 82,853 2002 129 PRESSURE WASHER 659 2005 0155-87 REAR LOADER 252,804 1987 161 FORKLIFT 1,151 2010 224 SMALL REF. TRUCK 81,146 2006 225 SMALL REF. TRUCK 86,339 2007 7140 SIDELOADER AUTO 48,305 2007 7141 SIDELOADER AUTO 70,288 2007 7142 SIDELOADER AUTO 78,896 2007 7143 SIDELOADER AUTO 53,129 2007 7144 SIDELOADER AUTO 66,680 2007 7145 SIDELOADER AUTO 65,182 2007 7146 SIDELOADER AUTO 79,921 2007 7147 SIDELOADER AUTO 75,363 2007 7148 SIDELOADER AUTO 80,951 2007 7149 SIDELOADER AUTO 66,483 2007 7150 SIDELOADER AUTO 64,845 2007 7151 SIDELOADER-AUTO 67,814 2007 7152 SIDELOADER-AUTO 62,359 2007 8100 SIDELOADER AUTO 73,432 2008 8101 SIDELOADER AUTO 46,442 2008 8102 SIDELOADER AUTO 62,928 2008 8103 SIDELOADER AUTO 67,243 2008 8104 SIDELOADER AUTO 64,691 2008 8105 SIDELOADER AUTO 67,033 2008 Page 120 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026 Packet Pg. 997 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. Exhibit 9 List of City's Equipment/Personal Property Vehicle# Description Odometer Year 8106 SIDELOADER AUTO 77,856 2008 8107 SIDELOADER AUTO 76,008 2008 8108 SIDELOADER AUTO 79,437 2008 8109 SIDELOADER AUTO 73,679 2008 8223 REAR LOADER LNG 60,337 2008 9110 LNG SIDE LOADER 58,133 2009 9111 LNG SIDE LOADER 68,039 2009 9112 LNG SIDE LOADER 57,233 2009 9113 LNG SIDELOADER 61,554 2009 9114 LNG SIDELOADER 61,213 2009 9115 LNG SIDE LOADER 59,537 2009 9116 LNG SIDE LOADER 59,912 2009 9222 REAR LOADER 71,018 2009 10112 LNG SIDELOADER 41,169 2010 10113 LNG SIDE LOADER 40,425 2010 10114 LNG SIDE LOADER 7,600 2010 10115 LNG SIDE LOADER 45,184 2010 10117 LNG AUTO RES 49,480 2010 10119 LNG AUTO RES 44,606 2010 10120 LNG SIDELOADER 42,522 2010 12104 LNG SIDELOADER 40,217 2012 12116 LNG SIDELOADER 43,831 2012 12151 STAKEBED 23,174 2012 12152 STAKEBED 22,387 2012 200 1/2 T PICKUP CNG 51,081 2014 201 1/2 T PICKUP CNG 100,273 2014 209 1/2 T PICKUP CNG 65,440 2014 220 3/4 T PICKUP 108,320 1995 226 COMPACT SEDAN 45,348 1997 1101 FUEL ONLY 59,155 2007 1136 FUEL ONLY Not know 1507-02 4DR IVIED SEDAN 50,887 2002 RES OIL MISC. OIL CHRGS,ETC. 5,535 1997 145 BIN BUGGY 103,640 2006 206 STEAM CLEANER 2005 208 STEAM CLEANER 2005 221 TRAILER UTIL 15' 1996 1200 ROLL OFF 231,028 2001 1201 ROLL OFF 235,374 2001 1203 ROLL OFF 255,563 2002 1204 ROLL OFF 244,637 2001 154 BIN BUGGY 153,074 1998 2170 FR. END LOADER 150,787 2002 2171 FR. END LOADER 161,902 2002 2172 FR. END LOADER 150,217 2002 Page 121 of 126 Franchise Agreement Term April 1, 2016- March 31, 2026 Packet Pg. 998 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. Exhibit 9 List of City's Equipment/Personal Property Vehicle# Description Odometer Year 2173 FR. END LOADER 33,373 2002 2174 FR. END LOADER 45,485 2002 2175 FR. END LOADER 4,473 2002 7176 FRONTLOADER AUTO 55,820 2007 7182 FRONTLOADER AUTO 67,888 2007 7188 FRONTLOADER AUTO 79,563 2007 7198 ROLL OFF LNG 120,653 2007 7202 ROLL OFF LNG 131,908 2007 7203 ROLL OFF LNG 238,304 2007 7204 ROLL OFF LNG 149,960 2007 8177 FRONTLOADER AUTO 181,143 2008 8178 FRONTLOADER AUTO 1,827 2008 8179 FRONTLOADER LNG 30 2008 8199 ROLL OFF LNG 130,000 2008 8200 ROLL OFF LNG 113,971 2008 9180 FRONT LOADER LNG 63,441 2009 9181 FRONT LOADER LNG 66,387 2009 9183 FRONT LOADER LNG 61,887 2009 9205 ROLLOFF LNG 117,568 2009 10191 LNG FRONT LOADER 54,956 2008 10193 LNG FRONT LOADER 59,353 2010 10196 LNG ROLL OFF 80,292 2011 12153 BIN CARRIER HREM 25,252 2012 12174 LNG FRONT LOADER 44,426 2012 12194 LNG FRONT LOADER 43,880 2012 12202 LNG ROLL OFF 52,523 2012 205 1/2 T PICKUP CNG 100,427 2004 207 4DR STD. SEDAN 113,796 2001 414 COMPACT SEDAN 54,786 1997 1505 COMPACT SEDAN 51,599 2000 202 WELDER WIRE FEED 2005 1130 BIN REPAIR 87,807 2000 234 VAN CARGO 1/2 TON 23,473 1997 1941 CLASSIC PICKUP 1,194 1941 COM OIL MISC. OIL CHRGS, ETC. 1 1997 Page 122 of 126 Franchise Agreement Term April 1, 2016- March 31, 2026 Packet Pg. 999 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. Exhibit 10 Displaced City Employee Compensation Minimum Requirements BENEFITS. Displaced City Employees ("employees") employed by Contractor will receive the exact same benefits as all other Contractor employees: Health Insurance. Comprehensive medical plan paid by company for employee only and weekly premium payroll deduction for family coverage. Retirement. Employees will have the opportunity to join Contractor's 401 k retirement plan the first of the month following three months of service. Contractor will make a matching contribution in an amount equal to 50% of the portion of elective deferrals up to 6% of compensation and employee will become 100% vested when you enter the plan. Vacation. Vacation is accrued based upon length of employment: Years of Service Weeks Weekly Accrual 1 1 0.77 x 52 = 40.04 2 2 1.54 x 52 = 80.08 8-15 3 2.31 x 52 = 120.12 16 3 + 1 day 2.46 x 52 = 128.0 17 3 + 2 days 2.62 x 52 = 136.0 18 3 + 3days 2.77x52 = 144.0 19 3 + 4days 2.92x52 = 152.0 20 4 3.08 x 52 = 160.0 Paid Holidays. Contractor's employees receive six paid holidays. Paid Sick Leave — Employees will be granted 32 hours of Paid Sick Leave on every anniversary hire date. Upon successfully completing 90 days of employment employees may begin to use their 32 hours. Birthday Pay- Contractor employees receive their Birthday as a floating holiday Other. Service Awards-Contractor values employee's commitment to company and will recognize employee's anniversary milestones with a service award. Page 123 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026 Packet Pg. 1000 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. This page intentionally left blank. Page 124 of 126 Franchise Agreement Term April 1, 2016—March 31, 2026 Packet Pg. 1001 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. Exhibit 11 Contractor's Subcontractors Contractor will use only one subcontractor who will perform street sweeping services: CleanStreet, Inc. Jere Costello, CEO and Founder 1937 W. 169th Street Gardena, CA 90247 800) 538-8015 info @cleanstreet.com Federal Tax Identification Number: 95-4147708 Page 125 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026 Packet Pg. 1002 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. This page intentionally left blank. Page 126 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026 Packet Pg. 1003 BURRTEC WASTE INDUSTRIES, INC. We'll Take Care Of It" March 19, 2019 FIs_ Trish Rhay Director of Public Works City of San Bernardino 600 N Arrowhead Avenue San Bernardino, CA 92401 Re: Performance Bond Dear Ms. Rhay: CITY OF tbk'l , C Pr -rt 2019 MAR 29 AM 8: 28' Attached please find the Continuation Certificate for Performance Bond# 0139122 in the amount of $2,000,000.00 for Burrtec Waste Industries, Inc. The term is for April 1, 2019 through March 31, 2020. Please let me know if you have any questions. Sincerely, r f Iia Siu Administrative Assistant Attachment 9890 Cherry Avenue • Fontana, California 92335 • 909-429-4200 • FAX 909-429-4290 Packet Pg. 1004 CONTINUATION CERTIFICATE In consideration of the premium charged, BERKLEY INSURANCE COMPANY hereby continues in force Bond Number 0139122 in the amount of TWO MILLION AND 00/100'S ($2,000,000.00) dollars on behalf of BURRTEC WASTE INDUSTRIES, INC., as Principal, in favor of CITY OF SAN BERNARDINO, for the period beginning APRIL 1ST, 2019 and ending MARCH 31ST, 2020. Subject to all the terms and conditions of said bond. This Continuation Certificate is executed upon the express condition that the Undersigned company's liability under said bond, shall not exceed in the aggregate the amount above written, whether the loss shall have occurred during the term of said bond or during any continuation or continuations thereof. Signed and Sealed March 8th. 2019 date) BERKLEY INSURANCE COMPANY urety Company) ilnes E. Hurst, Jr., (Attorney -in -Fad) Packet Pg. 1005 CALiFOFINIA ALL -I LMPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 r 3 x:'rrr+.r.,•;rya....,.t.w-,Garrrrcet'.tv rt,„'ej43tx'.rrr c^.,ret<^.!GtSs'2c'.6X`L'="r'"r .r.fi.,f5¢i;t S'.L'P.;i A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange on March 8th, 2019 before me, Date personally appeared Deborah Priest -McGinn Hen: Insert Name and Title of the Officer James E. Hurst, Jr. Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person whose nameN is/* subscribed to the within instrument and acknowledged to me that he/sPfe/tf>y executed the same in hist&/their authorized capacity(A), and that by hi&gXr/tIXir signature(iKon the instrument the person(K or the entity upon behalf of which the person(¢ acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph DEBORAH PRIEST MCGINN is true and correct. Commission rlt 2119868 z WITNESS a -d Notary Public - California z mY hand and official sea/l]. Z Orange Countyt My Comm. Ex ices Aug14, 2019 Signature Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document Description. of Attached Document Title or Type of Document: Document Date. Number of Pages: Signers) Other Than Named Above: Capacity(ies) Claimed by Stgner(s) Signer's Name: Corporate Officer — Title(s): O Partner — Limited General O Individual O Attorney in Fact Trustee Guardian or Conservator rT Other: Signer Is Representing: Signer's Name: U Corporate Officer — Title(s): Partner — O Limited FI General Individual Attorney in Fact Trustee Guardian or Conservator I Other: _ Signer Is Representing: f:4QYG''St7.4`CGCG(.`;:!1'.:i:S:.'!'..r;.%G C.'5)(G S4''Ct)SiL iX`S%4'+CJ1(.Y 2014 National Notary Association • www.NationaiNotary.org • 1 -800 -LIS NOTARY (1-800-876-6827) kem #5907 Packet Pg. 1006 No. BI -572c POWER OF ATTORNEY BERKLEY INSURANCE COMPANY WILMINGTON, DELAWARE NOTICE: The warning found elsewhere in this Power of Attorney affects the validity thereof. Please review carefully. KNOW ALL MEN BY THESE PRESENTS, that BERKLEY INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Delaware, having its principal office in Greenwich, CT, has made, constitutedCd and appointed, and does by these presents make, constitute and appoint: Matthew F. Schafnitz; James E Hurst, Jr.; or Victoria 5 Al Ried[ of Acrisure of California, LLC dba Brakke-Schafnitz Insurance Brokers, LLC of Laguna Niguel, CA its true and lawful Attorney -in -Fact, to sign its name as surety only as delineated below and to execute, seal, acknowledge and deliver any and all bonds and undertakings, with the exception of Financial Guaranty Insurance, providing that no single obligation shall exceed Cd Fifty Million and 00/100 U.S. Dollars (U.S.$50,000,000.00), to the same extent as if such bonds had been duly executed and acknowledged by the regularly elected officers of the Company at its principal office in their own proper persons. a This Power of Attorney shall be construed and enforced in accordance with, and governed by, the laws of the State of Delaware, without giving effect to the principles of conflicts of laws thereof. This Power of Attorney is granted pursuant to the following o > resolutions which were duly and validly adopted at a meeting of the Board of Directors of the Company held on January 25, 2010: 0 RESOLVED, that, with respect to the Surety business written by Berkley Surety, the Chairman of the Board, Chief Executive cOfficer, President or any Vice President of the Company, in conjunction with the Secretary or any Assistant Secretary are hereby authorized to execute powers of attorney authorizing and qualifying the attorney-in-fact named therein to execute w 0 bonds, undertakings, recognizances, or other suretyship obligations on behalf of the Company, and to affix the corporate seal y of the Company to powers of attorney executed pursuant hereto; and said officers may remove any such attorney-in-fact and 3revoke any power of attorney previously granted; and further p.. RESOLVED, that such power of attorney limits the acts of those named therein to the bonds, undertakings, recognizances, or other suretyship obligations specifically named therein, and they have no authority to bind the Company except in the manner and to the extent therein stated; and further RESOLVED, that such power of attorney revokes all previous powers issued on behalf of the attorney-in-fact named; and d further o RESOLVED, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any u - power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or y other suretyship obligation of the Company; and such signature and seal when so used shall have the same force and effect as iu 3 though manually affixed. The Company may continue to use for the purposes herein stated the facsimile signature of any person or persons who shall have been such officer or officers of the Company, notwithstanding the fact that they may have ceased to be such at the time when such instruments shall be issued. y IN WITNESS WHEREOF, the Comp y has caused these presents to be si ed and attested by its appropriate officers and its 0 o co poratc seal hereunto affixed thi!77y of Z. Y Att% 1M Berkle Insurance Compan x (Seal) BY f By F" T, . e an Jef e $er Executive Vice President & Secretary en o i elent 0 WARNING; THIS POWER INVALID IF NOT PRINTED ON BLUE `• BERKLEY"- SECURITY PAPER. STATE OF CONNECTICUT) ss: o COUNTY OF-FAIRFIELD. ) o -0Sworn to before me, a Notary Public in the State of Connecticut, AWAa, day ofILI - , by Ira S. Lederman Y and lefrmy- M. Rafter who are sworn to me fo be the Executive 'Vice Pre 'de t and Secretary, n the :Senior Vice President, respectively, of Berkley Insurance Compart glARIA G. RUNDBAKEN / NOTARY PUBUC - - ' `° dMY C6mmiSS10N EXPIRES otary Public, State afConnecticut' o APRIL30, 2019 CERT117ICATE Z o I the undersigned, Assistant Secretary of BERKLEY INSURANCE COMPANY, DO HEREBY CER'T'IFY that the foregoing is a true, correct fand complete copy of the original Power of Attorney, that said Power of Attorney has not been revoked or rescinded and that the authority of the Q>Attorney-in-Fact set forth therein, who executed the bond or undertaking to which this Power of Attorney is attached, is in full force and effect as 0 of this date. ` Given under my hand and seal of the Company, this v day of 4 uSeal) Vincent P. Forte Packet Pg. 1007 Packet Pg. 1008 Packet Pg. 1009 Packet Pg. 1010 Packet Pg. 1011 Packet Pg. 1012 Packet Pg. 1013 Packet Pg. 1014 Packet Pg. 1015 Packet Pg. 1016 Packet Pg. 1017 Packet Pg. 1018 Packet Pg. 1019 Packet Pg. 1020 San Bernardino Highland Rialto Upland Rancho Cucamonga Yucaipa Grand Terrace Fontana Redlands (city hauler)Colton (CR&R) Loma Linda (CR&R) Ontario (city hauler + some Burrtec services) City demographics Pop: 223,722 (2022)pop:55,159 (2022)pop:104,394 (2022)pop:79,274 (2022)pop:175,332 (2022)pop:54,739 (2022)pop: 13,223 pop: 212373 pop: 73,581 pop: 52,956 pop: 25,072 Pop: 1790,016 59.65 sq miles 18.9 sq miles 22.37 sq miles 15.65 sq miles 39.87 sq miles 27.89 sq miles 3.5 sq miles 42.4 sq miles 36.43 sq miles 16.04 sq miles 7.52 sq miles 50 sq miles Residential Rate proposed for SB 1383 37.97 33.29 N/A consultant for rate evaluation 34.83 N/A under negotiations 33.25 34.17 35.75 Redidential Rate (current)26.46 33.29 31.40 34.83 29.01 32.71 33.25 34.17 32.44 35.75 Residential Rate (2021)26.46 29.64 30.54 32.72 27.63 29.89 29.13 31.24 38.28 26.29 23.07 31.27 Single Family Dwelling (Sec 7.8.1)Bulky items: 2xyear 5 item each time Bulky items: 4xyear 5 items each time Bulky Items: 2x year (10 Items) Bulky Items: 4x year (5 Items)Bulky items: 4xyear 5 items each time Bulky items: 4xyear 5 items each time 2xyear, amount of items each time unknown 2xyear 3xyear may 5items what would fit in a pick up (Exhibit 4) Community Dump Days 11 times a year, no charge to City/residents, two events have free mulch and shred-it services. Dump Days: Quarterly (Rialto pays for dump days) Dump Days: 2 per year in contract Does not have dump days per agreement dump days not noted. Shred-it services 2x year for residents no community dump days 2 residential dump days a year (no tires). Location for free carpet disposal for residents for first two rolls, and reduced cost for colton business owners. quarterly clean up event, Arbor day, mulch and compost once a year, mulch and compost for earth/Arbor day free mulchand compost (Sec 11.1) Street Sweeping: Negotiated with Burrtec as a service but not a charge component in the trash rates. (Sec 11.8) 2xmonth sweeping residential, major arterial streets, downtown streets, and 1xmonth for city own parks parking lots. weekly street sweeping services. 10 on call street sweeping response events per year free of charge. Street seeping before and after two city city sponsored or co sponsored events are to be provided at no additional cost. Street Sweeping: Negotiated with Burrtec as a service but not a charge component in the trash rates. Street Sweeping: Imbedded in the trash rate in the contract Street sweeping: unclear if it's added in the rates or not. street sweeping: 1x month street sweeping residential, 2xmonth arterial streets, no charge, 10 free on-call street sweeping service for minor clean up, such as post accidents. Anything comes at cost to city + 10 administration fee residential gets sweeping once a month, main arterial streets are swept weekly street sweeping: 2xmonth for residential weekly after trash service, catch Basin cleanup with vacuum 2xyear (Sec 6.12) no Hazardous waste collection SFD get mobile HHW collection on permit and non- permit household hazardous waste once a year SFD get mobile HHW collection on permit and non- permit household hazardous waste once a year no senior rate senior citizen rate- 20%senior citizen rate Senior citizen rate no senior rate yes senior/low income rate 10% discount, extra blue recycling barrel at no additional cost extra blue recycling barrel is charged extra recycling barrel is charged ( blue recycling rate not on rate schedule) extra recycling barrel is charged (not on rate schedule) extra recyclying charged No charge extra recycling cart extra blue recycling service charged ($4.00) MultiFamily Dwelling 1xyear single collection day, in mutlifamily neighborhood bulky item 9am-5pm (N/A old Agreement) Multi family clean up services, 2xyear written request from city, for multifamily neighborhood clean up programs 6am- 8pm 1xweek service minimum unless more is necessary to subscribe to. Bulky items may be thrown in bin so long as bin closes pay for services of bulky item pick up Franchise Fees 20%10% Burrtec pays to city a sum of money equal to a percentage of gross revenues derived from services rendered pursuan to agreement and will be determine by council. fixed amount per residential and commercial rate, established by the City for all services performed under this Agreement and shall be paid monthly by check. The Franchise Fee amount shall be increased annually by the same CPI percentage as the rate adjustment factor 15%10%15% N/A city hauls solid waste, will follow up with public works, old Ontario contact moved to different department and left new contact VM Packet Pg. 1021 ITEMS TO BE CONSIDERED FOR FUTURE MEETINGS City of San Bernardino Request for Council Action Date:July 19, 2023 To:Honorable Mayor and City Council Members From:Damon L. Alexander, Council Member, 7th Ward Department:Council Office Subject:San Bernardino Regional Housing Trust Packet Pg. 1022